St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-31

Lawyer Jones Has Set on Foot a
300 Case That May Result Disas.
sgd trously to Racing at Hamline
b al -rwo sides toeit. However,
ia Great Legal Fight in. Prospect
Over the Matter.
"A When Lawyer Lewis L. Jones swore
out complaint against the. men of The
race track engaged in selling pools, he
had little idea that he was about to
launch all important test case, which
will find its way through all of the
courts Of jurisdiction for final adjust
nlent. s3. es75es-,
. Having lost few dollars at a horse
|, race, Jones, in a fit OF anger, presuma-
bly, occasioned by being put out OF the
grounds, repaired TO the county at
torney's office, and swore to several
complaints. charging the defendants
with gambling. ~ sat ~
Yesterday afternoon Judge McCafferty
appeared before Judge Orr aud formally
argued motion of demurrer to the
complaints. In his opening remarks
Mr.. McCafferty stated that he appeared
for all of the defendants, and the Twin
City Jockey club as well. His demurrer
was based upon two grounds The first
proposition advanced by counsel was
that the complaint was not specific
enough. The complaints allege that the
defendants were guilty of betting
money, but fallen to show with whom
They had right to know with full
certainty the offense charged. They
might make one or one hundred bets
during the day. Under the complaints
as filed they could be arrested as many
times. and would be barred from plead
Ing defense OF former jeopardy. But
the more important point of the argu-
ment of counsel was that no offense
had been committed. Section 296 of the
penal code. relating to gambling, did
not include horse racing. ec r
This question" said counsel, sis a
serious one for the associations. They
have leased the ground from the state
agricultural society for term of years,
with the full sanction of the legislature
ana the express understanding that
horse racing would be carried on at the
track. 1t has been carried on for a
number of years. and yet no grand jury
has thus far taken the pains to bring an
indictment against the N for this. 1t
has not been the intention of tue state
of minnesota, nor of the legislature, 10
make betting on horse races punish.
able offense. Ii this had been tie de-
introduced long ago. This has never
,ibeen done. and 1t is clear that the law
makers never intended TO make betting
on horse races an offense against the
statutes. A number of the principal
states have even by special acts per-
United the betting on horse races when
{ carried on at regular and licensed
! tracks. If it was to be made an otfense
I hen the association would receive a
blow, and soon there would be no horse
races held here.
Sa Judge Orr overruled the first objection
| and stated that the cases would he de-
| cided upon their merits and not upon a
Technically. -
Assistant County Attorney Dennelly.
in opposition, stated that while the law
certainly did not intend the putting UP
of purses for the winners of a horse
race, the Dettlng upon the result be-
tween parties WAS clearly gambling.
The supreme court. while it had never
ruled upon the issue, had in two cases
indicated its position on that point. The
supreme court of Indiana had so decided
and that any venture where two parties
bet money and where ont must be loser
and the other winner, was clearly
gambling within the meaning of the
section of the penal code.
Judge Orr stated that he did not feel
warranted to pass at once upon the
question presented. He continued the
hearing of the case until Aug. 10. ana
gave counsel permission to file briefs.
Outside the court room it was learned
that the association would fight the case
through If the court should rule against
the demurrer. There Is no definite rul-
ing applicable to the case, coming from
the state supreme court. An adverse
opinion would have great effect on the
matter of holding horse races.