Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-05-24
THE GAMBLING ACT
And the Chances OF Its Uneonstitution.
ality Being Considered. by the SUI
preme Court, On an Appeal
From Judge Greer's Decision, Recently
Delivered in Two Agreed Cases
What Leading Lawyer Say.

A number OF the legal frsteruily express a
decided opinion tn at the Supreme Court will
not consider the gambling case which was re-
Gently appealed from the Criminal Court 1t
will probably be brought before the higher
court next Monday or Tuesday. The oo-
lection urged by these lawyers is that the
proceedings are irregular, and as the judges
of the Supreme Court sre such sticklers for
form they will refuse TO pass upon il until it
is brought before them in regular way.
QUEER COMPLICATION.
A leading attorney explained the situation
by saying that this sppsal actually put the
attorney general in the attitude of saying the
late act was unconstitutional This seeming
contradiction can be explained by q simple
reference to the proceedings before Judge
Greer. Two Indictments were found, one
under the old law and one under the new.
The attorneys for the defense moved to
qussh both these indictments. Judge Greer
sustained the motion in the former or mis-
dsQesnor law, and from this decision the
attorney general appealed. He is thus put
in the attitude Of contending that the cid
law, Furnishing gambling By fine, lie stIll in
force and by natural iafersnce, that the
law making the same ofense q felony, is
void.
THE POINTS EXPLAINED.
The motion to quash the other indictment,
| found under the felony act, was overruled
| by Judgs Greer, and from this the attorneys
| for the defense appeal. When the case is
| brought before the Supreme Court the attor-
ney-general must plead thst the felony act is
unconstitutional, if he pleads at all; and,
| therefore, there will be no point at issue
between the prosecution and the defense,
and, except for one other important point,
the Court must at once give its decision.
l This point is a plain one in law practice. II
ia that no appeal can be taken except from
an sctusl judgment by lower court, and
the person upon whom such judgment has
been pronounced must be present in court
during the trial of his case.
| AFRAID To TAKE CHANCES.
In this suit there was no trial, no convic.
| ton. The attorneys appeal from the Courts
action in quIshing the Indictment.
In his opinion Judge Greer decides that
| the late act is constitutional, and orders
defendants to plead guilty or not guilty and
| go to trial. But, instead of doing SO, they
appeal direct from this order. From CONVEX.
satiops with the court officials, the reason fol
their failure to 90 TO trial was made pl ain
| Frauk Tres6well is not a myth, but 4 bono
fse smbler, and he was indicted by III,
| grand Jury upon proof made rsgul srly be
fore them. When the bill was handed intS
court, Judge Greer told them poinIedly b,
wanted no shsm indictment, aud they an
swersd it was in good faith II eau reIdily
be seen that il Tresdwell had gone 10 triI
and q conviction had followed compile xtion:
| of an annoying nature might have ensued
Theg overnor might fail TO pardon, in tn,
event the Supreme Court decided the &C
| was constitutional.
THE SUPREME COURTS DEcIsIeN.
| Judge Greer said yesterday he believe,
the Supreme Court would threw The who'll
| thing out, 20 far rs the felony indictment wa
| concerned, but believed they would allow tn
| defense theoretically 10 represent the Stat
l and rice versa, and thus decide the case b.
| inference from trial Of the misdsmeano
| part of it.
OTHER POINTS.
Other attorneys, who seem to be prett
| we'll posted, said the Supreme Court woul
| decide in favor Of the constitutionality G
The act if it were possible to do so, but the
believed The result would be setting ssid
| of the whole question to the latest possibl
| moment, because if they were in favor Of III
| law and thought it was nevertheless uncor
stitutional they would be loath to say q
| In order to understand fully the compile,
tions of the case it is suggested that th
student first prepare his mind for the invsI
1 tigstion by mastering the intricacies {
Scraps" the great national negro game, ths
| as yet no white msn or Philadelphia lawyc
has learned.