The Indianapolis journal., 1895-05-29
SURPRISE FOR ROBY
SUPREME COURT SETS ORAL ARGU-
MENT IN ITS CASE TO JUNE :.
Arrest Of Omcers of the Racing Asso-
ciaticn and Several BOokinakcrs-
Trial Last Night at Hobart.

Attorney-general Ketcham yesterday
sprung a surprise on the Roby people. He
filed motion in the Supreme Court 10
have the case advanced and oral argument
set for June z. and asking that the ap-
pellees be required to file their brief in
the case by that date His motion was
granted and the date set accordingly. This
was done under an old rule of the Su-
preme Court which allows either side 10
submit case on call day. When The case
has been submitted it is then within the
province of either side to ask that il be
advanced on the docket.
Governor Matthews also took a hand
in the matter. He filed with the court
who is Governor of the State, and as such
charged with the duty Of seeing that the
laws be faithfluuy executed, would re-
that the matters in the above entitled case
are of great public Importance, involving
the validity of the act of 1895 with re-
spect to horse racing and the construction
Of Section 3. especially, Of that act That
after the information had been hled in
the court below by the relator your pc
titioner was so impressed with the public
character and the Importance thereof that
he designated special counsel to represent
the State and requested the Attorney-gen-
eral to appear therein, and an effort was
made to prevent the violation of law being
carried on by the appellees at the Roby
race track. But the court, as he is in
formed and believes, being In doubt as TO
the construction of Section of said act
in respect TO the application Of the act
with regard to holding race meetings or
individuals who may have held a race
meeting. after granting the temporary In
junction called for, set the same aside and
thereafter refused to grant any restraining
order, and as he is informed and believes
the evils are still continued openly and
notoriously, greatly to the dscredit OF the
State.
He, therefore, respectfully suggests to
the court that by reason of the public
Importance Of the questions involved and
presented by the record, that said cause
should be advanced and early a de-
cision rendered as is consistent with the
other duties of the court"
Attorney-general Ketcham certifies in the
same petition that the questions of such
public Importance as to call for early
hearing of the case and joins the Governor
in the request.
On this showing the court advanced the
case and named the date for hearing the
oral argument as requested by the At
torney-general. 1t will now be possible for
the case to be determined before the ad-
journment~ of the Supreme Court for the
summer vacation, and there is little doubt
that it will be decided.
No one about the Statehouse seemed to.
understand just what the developments of
Monday in the Roby matter portend. At
the Governors Office, private Secretary
King said the Governor was surprised TO
read the accounts of the issuance of war
rants at Roby, which, it was claimed, were
issued with his sanction and approval.
The Journals account of detectives being
secured in this city to go TO Roby was
also a matter of surprise to him. All
knowledge of either transaction was denied.
Mr.. King said the Governor had not taken
any steps whatever, except such as had
been done by the Attorney-general and
could not account for the other proceed
ings. Mr.. King offered only one possible
explanation of the matter He said the
interests of others were large in having
Roby racing suppressed. 1t is to the inter-
est of the Hawthorne track to have no
racing at Roby and ii is certain that the
Hawthorne men are active in the work
of trying to suppress Roby. 1t is claimed
that the warrants issued Monday were
really issued in the interest of the Haw-
thorne track and not for the purpose of
advancing the interest of morality. 1t is
claimed, too, that there are many people
here in this city who have a money in
terest i'm preventing racing at Roby 1t was
even stated by Mr.. King that he had in
formation that all the money necessary
for the purpose was available i'm this city,
even if it necessitate ted the expenditure of
many thousand dollars. Just what the in
terest here is he did not seem TO know, or
at least refrained from telling.