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Full text of "Referendum measure no. 6, being the submission to the people of Montana for their approval or rejection, Chapter 97, Laws of 1913, entitled : an act establishing a state athletic commission and regulating boxing and sparring in the state of Montana; to be voted upon at the general election, November 3, 1914"

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\I0. 6 

Referendum Measure No. 6 

Being the Submission to the People of Montana for Their 
Approval or Rejection, Chapter 97, Laws of 1913, Entitled 


To Be Voted Upon at the General Election, November 3, 1914. 

Published by the Secretary of State, 
June, 1914. 

Montana btate Library 

3 0864 1004 2481 4 







For Referendum Measure No. 6. 
Relating to Boxing in Montana. 

Against Said Measure No. 6. 

"Section iii, Revised Code as Amended: 

"The manner of voting on measures submitted to the peo- 
ple shall be: By marking the ballot with a cross in or on the 
diagram opposite and to the left of the proposition FOR WHICH 
the voter desires to vote." 

Published by the Secretary of State, 
June, 1914. 




"An Act Establishing a State Athletic Commission and Regu- 
lating Boxing and Sparring in the State of Montana." 
Be it enacted by the Legislative Assembly of the State of Montana: 

Section i. There shall hereafter be a State Athletic Co«a- 
mission. Within thirty days after this act takes effect the 
Governor shall appoint three persons to be memibers of such 
commission, who shall hold office for the term of five years from 
the day following the date of their appointment, and who shall 
each receive a salary of Twelve Hundred Dollars ($1200.00) 
per annum to be paid monthly from the taxes to be collected 
as hereinafter described. The commission shall maintain general 
offices for the transaction of its business at a place to be by them 
designated. The members of the commission shall, at their first 
meeting after their appointment, elect one of their number chair- 
man of the commission, shall adopted a seal for the commission 
and may make such rules for the administration of their office, 
not inconsistent herewith, as they may deem expedient ; and 
they may hereafter amend or abrogate such rules. Two of the 
memibers of the oommision shall constitute a quorum to do busi- 
ness; and the concurrence of at least two commissioners shall 
be necessary to render a choice or decision by the commission. 
Section 2. The commission shall appoint, and at its pleasure 
remove, a secretary to the comimission, whose duty it shall be 
to keep a full and true record of all its proceedings, preserve at 
its general office all its books, documents and papers, prepare 
for service such notices and other papers as may be required 
of him by the commission and to perform such other duties as 
the commission may prescribe; and he may under direction of 
the commission issue subpoenas for the attendance of witnesses 
before the commission with the same effect as if they were issued 
in an action in the District Court and may, under direction of the 
commission, administer oaths in all matters pertaining to the 
duties of his office or connected with the administration of the 
affairs of the commission. Disobedience of such a suibpoena and 
false swearing before such secretary s'hall be attended by the 
same consequences and be subject to the same penalties as if 
such disobedience or false swearing occurred in an action in the 
District Court. The necessary traveling and other necessary- 
expenses of the members of the commission, which, including 

the salary of the secretary shall not exceed the sum of Two 
Thousand Dollars ($2,000.00) per year, shall be paid monthly 
by the State Treasurer on a warrant properly drawn out of the 
proceeds of the tax to be collected as herein provided. The com- 
mission shall annually make to the legislative assembly a full 
report of its proceeding's for the year ending with the first day 
of January, and may submit, with such report, such recommenda- 
t-^ns pertaining to its affairs as to it shall seem desirable. 

Section 3. The comimission shall have, and hereby is in- 
vested with, the sole direction, management, and control of the 
jr.risdiction over all boxing and sparring matches and exhibitions 
to be conducted, held or given within the state and by any club, 
corporation or association ; and no boxing or sparring match 
or exhibition shall be conducted, held or given within the state 
except pursuant to its authority and in accordance with the pro- 
visions of this act. The co'mmission may, in its discretion issue, 
and at its pleasure revoke, a license to conduct, hold or give 
boxing and sparring matches and exihibitions to any club, cor- 
poration or association which shall at the time application there- 
for be made, own or hold a lease for at least one year upon the 
building wherein it may ibe proposed to conduct, hold or give 
such boxing or sparring match or exhibition and w^hich, if it 
be an amateur athletic association, may be incorprated or organ- 
ized in accordance with the rules of the Amateur Athletic Union 
of the United States. Every license shaill be subject to such rules 
and regulations, and amendments thereof, as the commission may 
prescribe. Every aipplication for a license, as herein provided 
for, shall be in writing and shall be addressed to the commission 
and shall be verified by such officer of the club, corporation or 
association on w^hose behalf the application may be made. It 
shall contain a recital of such facts as, under the provisions 
hereof, will show the applicant entitled to receive a license, and 
in addition thereto, such other facts and recitals, as the com- 
mission may by rule require to be shown. 

Section 4. All buildings or structures used or intended to 
be used, for the purpose of this act, shall be properly ventilated 
and provided with fire exits and fire escapes, if there need be, 
and in all manner conform to the laws, ordinances and regula- 

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tions pertaining to buildings in the city, town or village where 
situated. Where a part of a building or structure is used for 
the purpose set forth in this act, this section shall apply in the 
same manner. 

Section 5. No boxing or sparring match or exhibition shall 
be of more than twelve rounds in length; and the contestants 
shall wear during such contests, gloves weighing at least six 
ounces. No boxing or sparring 'match or exhibition shall be held 
by men of the opposite color, to-wit: White men and negroes. 
Provided, also, that no person or persons may take part in an 
exhibition or sparring match unless they have first passed a 
rigorous physical examination to determine their fitness to en- 
gage in any such exhibition. Said examination to be conducted 
by a regular practicing physician, said physician to be designated 
by the commission. 

Section 6. Any club, corporation or association which may 
conduct, hold or give, or participate in, any sham or fake boxing 
or sparring match or exthibition shall thereby forfeit its license 
issued in accordance with the provisions of this act, which shall 
therefore be, by the commission, cancelled and declared void ; 
and it shall not thereafter be entitled to receive another such 
or any license pursuant to the provisions of this act. 

Section 7. Any contestant who shall participate in any sham 
or fake boxing or sparring match or exhibition shall be penalized 
in the following manner; for the first offense, he shall be re- 
strained for a period of six months, such period to begin im- 
mediately after the occurrence of such offense, from participating 
in any boxing competition to be held or given by any cluib, 
corporation or SLSSOciation duly licensed to give or hold such 
boxing or sparring match or exhibition; for a second offense 
he shall be totally disqualified from further admission or par- 
ticipation in any boxing contest held or given by any club, cor- 
poration or association duly licensed for said purpose. 

Section 8. Every clulb, corporation or association which may 
hold or exercise any of the privileges conferred by this act, shall, 
within twenty-four hours after the determination of every contest 
furnish to the commission a written report, duly verified by one 
of its officers, showing the number of tickets sold for such con- 

test and the amount of the gross proceeds thereof, and such 
other matters as the commission may prescribe, and shall also 
within the said time pay to the State Treasurer a tax of ten 
per centum of its total gross receipts from the sale of the tickets 
of admission to such boxing or sparring match or exhibition, 
which tax shall be applied to the payment of the expenses of 
the commission and the salary of the secretary of the commission, 
as herein provided. And any surplus which shall amount to 
more than the sum of Five Thousand Dollars ($5,000.00) s'hall 
be apportioned by the Governor to any fund to which, in his 
discretion, he may see fit to apportion. Before any license shall 
be granted to any club, corporation or association to conduct, 
hold or give any boxing or sparring match or exhibition such 
applicant therefor shall execute and file with the State treasurer 
a bond in the sum, of Two Thousand Dollars to be approved 
as to form, and the sufifiioiency of the sureties thereon, by the 
State Treasurer, conditioned for the payment of the tax hereby 
imposed. Upon the filing and approval of such bond the State 
Treasurer shall issue to su'ch applicant for such license a cer- 
tificate of such filing anld approval, which shall be by such appli- 
cant filed in the office of the com'mission with its application for 
such license; and no such license shall be issued until such cer- 
tificate shall be so filed. 

Section 9. The salaries of the various members of the com- 
mission, the salary of the secretary of the commission and the 
expenses of the commission shall be paid from the tax therein 
provided for and no part thereof shall be paid from any other 
fund in the hands of the State Treasurer. 

Section 10. Wbenever any such club, corporation or associa- 
tion shall fail to make a report of any contest at the time pre- 
scribed by this act or whenever such report is unsatisfactory 
to the State Treasurer he may examine or cause to be examined 
the books and records of such club, corporation or association, 
and subpoena and examine under oath its officers and other 
persons as witnesses for the purpose of determining the total 
aJmount of its gross receipts for any. contest and the amount 
of tax due pursuant to the provisions of this act, which tax he 
may, upon and as the result of such examination, fix and de- 

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termine. In case of the default in the payment of any tax so 
ascertained to be due, together with the expenses' incurred in 
making such examination, for a period of twenty days after notice 
to such delinquent olub, corporation or association of the amount 
at which the same may be fixed by the State Treasurer, such 
delinquent shall, ipso facto, forfeit its license and shall be thereby 
disqualified from receiving any new license or any renewal of 
license; and it shall in addition, forfeit to the State of Montana 
the sum of Five Hundred Dollars, which may be recovered by 
the Attorney General in the name of the State of Montana in 
the same manner as other penalties are by law recovered. 

Section ii. Any person who violates any of the provisions 
of this act, for wihich a penalty is not herein expressly prescribed, 
shall be guilty of a misdeimeanor. 

Section 12. Upon the passage of this act all ordinances and 
parts of ordinances of cities and towns in this State regarding 
boxing an'd sparring shall be inoperative and void, and thereafter 
no ordinance regarding boxing or sparring shall be passed by 
any city or town. 

Section 13. All acts and parts of acts in conflict herewith 
are hereby repealed. 

Section 14. This act shall be in full force and effect from 
and after its passage and approval. 
Approved March 14, 191 3.