In those days, the fighters agreed on a referee. When Jeff and Johnson couldn't agree on an established referee, they chose Tex. Same thing happened in the Johnson-Burns fight. They couldn't agree, so they settled on Hugh McIntosh, the promoter.
^^^I am inclined to forward you to this particular thread, which went into almost every single spectrum of that particular fight and its participants, the after math and the build up to what was the single most biggest fight of all time