Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-11-14
GENTS
UNDERWEAR,
Finest Stock
AND
Lowest Prices
AT
SAM MAYS.
IsIT CONSTITUTIONAL.
The Pool selling Act OF the Leg.
islature Aired NJ Length ne
fore Judge Greer Yesterday.

The Criminal Court room was well
crowded yesterday afternoon with parties
interested in the argument pro and con,
on the constitutionality of the act Of the
Legislature authorizing pool selling on
races run here and outside Of the State.
Mr.. w. II. Carroll opened the ball, and
cited Judge Greers reasons for believing
the act was unconstitutional, which in the
main consisted Of the bills failure TO re
cite in the caption, or otherwise,
the title or substance Of the law repealed
also, that the bill was obnoxious 10 that
provision Of the Constitution which or
dained mo bill should become law
which embraced more than one subject,
that subject 10 be expressed in the title.
The third objection urged was that the
act was repugnant 10 section s, article ii
Of the Constitution, which ordained that
the legislature should have no power to
suspend any general law for the benefit Of
any particular individuals, nor 10 pass
any law for the benefit of individuals in
consistent with the general law Of the
land, nor 10 pass any law granting to any
individual or individuals rights, privi>
leges, or immunities or exemptions, other
than such as might be by the same law
extended to any member of the commu-
nifty who might be able TO bring himself
within the provisions Of such law.
Mr.. Carroll argued that the first objec
ton did rot apply TO acts which by their
positive provisions operated a repeal Of
previous acts by necessary implication.
For the second objection Mr.. Carroll
commended that the title expressed the
subject, the subject being the selling of
pools, and the title certainly expressed it.
The speaker followed to some length and
argued that the act specifically permitted
any blood horse association TO sell pools,
and the law simply opposed restrictions.
A large number Of authorities were quo
ted.
The State followed in a lengthy argu-
nent, in which IL was asserted that the
act Of 1888 was contrayention Of the
constitution, which forbids partial and
class legislation for the benefit OF psrticu-
lar individuals which may not likewise
be granted to any person who may bring
himself within such law. The act of
1888 and the Code as it existed prior to
the last act were both read, after which
an argument followed, which may be
summed briefly by saying that the speak
or believed the last act unconstitutional,
as the Jockey Club were granted certain
privileges which they absolutely CON
trolled and could give or lease TO whom
soeyer they pleased, for which they re-
ceived a large revenue.
Judge Walker followed and said that
assuming that the defendants had ro-
ceived their authority 10 sell pools on the
races from the Jockey Club, then ii was
practically as if the Jockey Club was on
trial. Judge Walkers strongest point
was that the act under discussion allows
every Jockey Club to sell pools, and any
five men can organize Jockey Club II
they have the money. The act is not
unconstitutional because it gives a priy-
lege 10 a corporal on and denies it 10 any
individual, and every organization OF a
corporation is the extension Of a privilege
denied 10 individuals. Ii is not priv
lege law, because man has not the
money or cannot get the associates to go
In with him, corporation never could be
formed unless special privileges were
granted.
General Wright closed for the defense,
and said that unlimited pool selling would
be equally as dangerous as unlimited
gambling. The Legislature ad the power
to abolish, restrict, or limit it, and he was
of the opinion that the body mentioned
certainly had the right to impose such
limitations on it as would inure to the
benefit Of blood-horse associations Cen
eral Wright said that if Judge Greer had
only one sort Of doubt concerning the con
stitutonality Of the question he should
give the defendants the benefit of it, as
they had acted in good faith The Court
took the matter under advisement, and
will make known his decision some time
before next Thursday week.