Zannelli v. Di Sandro

121 A.2d 652
CourtSupreme Court of Rhode Island
DecidedJanuary 1, 1956
DocketM. P. No. 1113
StatusPublished
Cited by8 cases

This text of 121 A.2d 652 (Zannelli v. Di Sandro) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zannelli v. Di Sandro, 121 A.2d 652 (R.I. 1956).

Opinion

121 A.2d 652 (1956)

Ralph ZANNELLI
v.
Domenic DI SANDRO et al., as Members of the Rhode Island Racing and Athletics Hearing Board.

M. P. No. 1113.

Supreme Court of Rhode Island.

April 2 as of January 17, 1956.

*753 John Quattrocchi, Jr., Providence, for petitioner.

William E. Powers, Atty. Gen., Francis J. Fazzano, Asst. Atty. Gen., for respondent.

CAPOTOSTO, Justice.

This is a petition for a writ of certiorari to review and quash a decision of the respondent board. The writ was issued and in compliance therewith the board has certified the record of its proceedings in the matter to this court.

The petitioner Ralph Zannelli, thirty-eight years old and a well-known professional boxer with a fine record up to 1952, applied for and was refused a boxer's license for the year 1954 by the state commission on racing and athletics. In due time he appealed to the respondent board which, after a hearing de novo, denied and dismissed the appeal. The instant petition was then brought by him alleging therein that such *654 decision was contrary to law, arbitrary and unsupported by competent legal evidence.

It appears that when Zannelli applied for a license in 1952 he was required to submit to physical, neurological and psychiatric examinations, including an "electroencephalogram," an electrically recorded test to ascertain the existence of brain injury. The result of that test, as interpreted by Dr. Maurice W. Laufer, was that it "suggests that brain damage may have occurred, involving particularly the patient's dominant left hemisphere." A written report by Dr. Thomas L. Greason to the commission in January 1952 based upon the results of all the above-mentioned examinations concludes as follows: "My personal feelings, I can assure you, are against allowing Mr. Zannelli, who is 37 years of age and who has fought 250 amateur fights and approximately 125 professional fights to again enter the Ring. However on the basis of my findings I cannot suggest that he be disqualified." The commission, apparently with some reluctance, granted Zannelli a license for 1952. The success in his fights during that year was in marked contrast to the record that he had theretofore established.

In December 1952 Zannelli, at the request of his wife and as a Christmas present to her, announced his retirement from the ring. For the next two years he was employed in construction work during the day and he frequently went to a gymnasium at night. At the end of that two-year period, believing that he was in good physical condition to engage in prize fighting since Dr. James P. Londergan had so certified in the application for the boxer's license here in question, he decided to resume his former activities as he "would like to have a few fights to get myself a little money."

A written statement from Dr. Edmund B. Curran respecting Zannelli's physical condition was to the same effect as the opinion expressed by Dr. Londergan in the application under consideration. In this connection we note that the doctors just mentioned, whose integrity and professional standing are unquestioned, were previously unknown to Zannelli. He testified that he did not go to his personal friend and family physician, identified in the record merely as Dr. Indeglia, because he knew that irrespective of his then good physical condition Dr. Indeglia would not sign his application for a boxer's license as he was "always advising me to quit the ring."

The direct evidence for the commission consisted mainly of the report of another examination by Dr. Greason in 1954 and the testimony of Dr. James Flanagan based on hypothetical questions. This time Dr. Greason's recommendation to the commission was decidedly firmer than the one expressed by him in his report of 1952. His conclusion in the instant case was that notwithstanding Zannelli's good physical condition diagnostically he did not believe Zannelli "should be allowed to re-enter the ring." To such opinion he attached the following precatory language: "If the present athletic commission sees fit to relicense Mr. Zannelli I hope and pray that they also see fit to determine who he fights and who he does not fight since despite his apparent good health one can never dismiss the fact that age and his past findings render him to some degree more vulnerable to permanent injury than would be the case if he were younger."

Doctor Flanagan testified that he was a practicing physician in Providence and that he had been employed by the commission for fifteen years to examine fighters shortly before and while actually engaged in boxing contests. Based upon the hypothetical questions addressed to him, which we find substantially in accord with the pertinent circumstances in evidence, he was definitely of the opinion that to grant a boxer's license to the person described in such questions was against the interests of the individual and of the public.

The petitioner first contends that the commission was without power to deny his application for a boxer's license. His argument on this point, as we understand it, is that since the statute does not confer such power in express terms and no rule or regulation governing the matter has been adopted *655 by the commission under its statutory authority, therefore the commission in the first instance and the board on appeal were bound to grant a boxer's license to every person eighteen years or more of age who filed an application therefor in the required form. The mere statement of the contention calls for a careful examination of the statute. Unless the language of the statute is so clear as to admit no other interpretation, it is impossible to believe that the legislature intended to hold out to the people here and elsewhere that every resident of this state on attaining the age of eighteen years was a potential prize fighter, and that thereafter he could demand as of right a boxer's license by merely filing an application in the form required by the commission.

General laws 1938, chapter 606, § 12, provides that every person who shall, by previous appointment or arrangement, meet another person and engage in a fight, shall be heavily punished by imprisonment or fine. However the legislature, apparently appreciating the rather extensive interest of the people in professional boxing exhibitions, has seen fit to allow prize fighting in this state provided the persons seeking to engage in such activities first obtained a license from the designated state agency, formerly known as the Division of Athletics, and now called the Racing and Athletics Commission. General laws 1938, chap. 16, as amended by public laws 1946, chap. 1746. In view of such amendment, the word "division" in any provision of said chapter 16 hereinafter quoted is to be read as if the term "commission" was used in its place and stead.

The matter of licenses for promoters, boxers, and other designated officials taking part in a professional boxing exhibition is governed by G.L. 1938, chap. 16, §§ 4, 5, 6 and 7. In view of petitioner's contention and for reasons that will later appear, special attention is directed to the arrangement and differing scope of the provisions in § 4, as amended by P.L. 1940, chap. 886, section 1. In so far as pertinent the above-mentioned sections provide as follows. The first part of § 4 reads: "No boxing or sparring match or exhibition for a prize or a purse * * * shall take place or be conducted in this state unless licensed by the department of business regulation in accordance with this chapter * * *.

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