Commonwealth v. Mcgovern

25 Ky.L.Rptr. 411 (1903)

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Nature of the Case

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Facts

A prize-fight was to be given under the auspices of the Southern Athletic Culb of which Robert Gray is the sole stockholder and manager. The Auditorium has a seating capacity of 4,000, and the prices of tickets for admission into that building to witness the prize-fight vary from $5 to $20 a seat. The fight was to take place according to the Marquis of Queensbury rules, and the fighters were to receive $10,000 between them. This equitable action was instituted by P to prevent the holding of a prizefight advertised to take place on the 22d day of September 1902, in the Auditorium. Terry McGovern and Young Corbett were to be the combatants, and their managers and the owner of the Auditorium were made parties to the action. P contends that if allowed to take place, the fight would bring a great number of sporting men, disorderly persons, and criminals and that the persons so drawn to the city would constitute a lawless, turbulent and dangerous assembly of many thousands of people, and would produce breaches of the peace and other violations of the law, which would have a demoralizing effect upon the good order and well-being of the community, and produce a public nuisance. It is also averred that a criminal prosecution of the principals and others connected with them would not prevent the great injury that would be done to the people of the State by holding the prize-fight within its bounds, and, finally, that P has no adequate remedy at law for the injury which would result to the public welfare if the prize-fight were allowed to be held. A preliminary injunction issued but Ds petitioned for an en banc hearing. It was granted. The court was divided equally upon the question of whether the chancellor has preventive power under the Kentucky Statutes to restrain the holding of such contest; Chief Justice Guffy and Judges White and Burnam holding in the negative, and Judges DuRelle, Hobson and O'Rear holding the affirmative. The motion to dissolve the injunction was denied.' The fight was not held but the Arena had 13 more fights to deal with. The case was submitted upon the pleadings and proof to chancery division who dismiss the petition. P appealed.