Olympic Athletic Club v. Speer

• Decision Date: 24 December 1901
• Citation: 67 P. 161,29 Colo. 158
• Parties: OLYMPIC ATHLETIC CLUB v. SPEER et al.
• Court: Colorado Supreme Court

67 P. 161

29 Colo. 158

OLYMPIC ATHLETIC CLUB v. SPEER et al.

Supreme Court of Colorado

December 24, 1901

Appeal from district court, Arapahoe county.

Suit by the Olympic Athletic Club, a corporation, against Robert W Speer and others, constituting the fire and police board of the city of Denver, and others. From a decree in favor of the defendants, the plaintiff appeals. Affirmed.

James M. Ellis, Guy Le R. Stevick, and S. L. Carpenter, for appellees.

CAMPBELL C.J.

The action was for an injunction to restrain the police department of the city of Denver from interfering with the plaintiff in giving what it calls 'exhibitions of athletics, and sparring exhibitions.' The privilege is claimed under an act of the general assembly entitled 'An act in relation to prize fighting and sparring exhibitions.' Sess. Laws 1899, p. 309. The statute is unique in subject-matter as well as arrangement. It consists of one section. The first portion provides that 'A person who * * * instigates, aids, or encourages * * * a fight commonly called a ring or prize fight, * * * or who engages in a public or private sparring exhibition, with or without gloves, within the state, to attend which an admission fee is charged or received, * * * is guilty of a misdemeanor.' No penalty is provided for a violation of the act. The section concludes with a proviso excepting from the operation of the general prohibition quoted 'sparring exhibitions with gloves of not less than five ounces each in weight,' if such exhibitions are 'held by a domestic incorporated athletic association in a building leased by it for athletic purposes only, for at least one year, or in a building owned and occupied by such association,' upon the payment of a certain license fee. That is to say, a penal offense is created, applicable throughout the entire state to every person, natural and artificial, though without providing a penalty for its violation, followed by a proviso purporting to exclude from the general prohibition a certain kind of corporations. The district court, upon an ex parte application, granted a temporary writ of injunction. When defendants interposed a general demurrer to the complaint, it was sustained by the court, the preliminary writ was dissolved, and the action dismissed.

The police board of the city of Denver seeks to uphold the judgment upon the ground (1) that the act is unconstitutional; (2) that the case was not one to...