The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-17

1t Was Prepared by the Attorney
General. Saturday.

= = WV ~
d.y received a telegram from ex-otdte Sem
ator Kopelke, Of Lake county. saying that
he had filled a supplementary bill of in
formation in the injunction standing
against the Roby racing people. and that
the hearing had been set for Thursday
morning. 1t will be conducted by Mr.. Ko-
pelke. Acknowledgement Ketcham being at
Chattanooga. The information is in the
nature of a supplementary proceeding,
taking in those who are believed to be
about to open another racing meet on a
new track built near the old one, merely
for the purple of defeating the purpose
and intent of Aie law. Governor Matthews
and the Attorney-general had a consulta-
ton Saturday. In which it was determined
to proceed against the alleged new asso-
citation, and to prevent, il possible, the eva
sion of the law. The bill was prepared and
forwarded at once to associate counsel
Kopelke. The State proceeds on the belief
that the race hackers of Roby have had
their three ffteen-day meets, as allowed
by law in the period Of six months of rae
ing weather, and that more is not lawful.
The title of the case is the same, the
plaintiff being the State, on relation of
Claude Matthews, Governor, and the de-
PENDANTS being Edward Roby. Edward A.
Shedd, Charles r. Shedd, the Indiana Rae
ing Association. the Roby Breeders Asso-
citation, the Roby Fair Association. the
Hammond Fair Association. John Condor,
Rodman H. Wells. John Kelsey Dwyer.
Louis E. Roman and all other persons
whose names are to plaintiff unknown.
The new defendants are named In the
bill of information, which reads as follows:
1.-The State of Indiana, on the relation
Of Claude Matthews. who IS a citizen of the
at the request OF the Governor of the State
by its Attorney-general and Johannes ko-
pelke. an attorney especially designated by
the Governor for that purpose, by way OF
a supplemental information, by leave of
court first had and obtained, informs the
court and causes the court to know that
p~oration Injunction in the above entitled
cause certain parties to the relator and
the plaintiff unAn0wn but combined and
Lakeside Jockey Club, the same not being
a corporation OF this State nor so far as
the plaintiff or relator can ascertain of
Patterson. George v. Hawkins. William
Martin, Glen Creveling. Martin Nathanson,
NJ. j. Farley, John Kelsey, - Johnson,
known, j. Sheridan, whose Christian name
is TO plaintiff unknown, w. Mcdaniel,
whose Christian name is te plaintiff un-
Ruddy, whose Christian names are
to plaintiffs unknown. but who are
DOING Rrn,ge susin e5sr,a in the Earm name Of = Eud 10y
Leihy, whose Christian name is to
plaintiff unknown, Dan Honig, j. E.. Cush-
ing, whose Christian name Is to plaintiff
name is to plaintiff unknown. Daniel
O'Leary, together with others whose names
are unknown to the relator and to the
withstanding the terms of the order here
tofore entered in this case. enjoining and
prohibiting the same. and Notwithstanding
thu . 4 nftrfa in Grnh n0Ea r~16a N rnEI6n
and Notwithstanding the fact that the full
time allowed by such statute. to wit: Forty
five e5 days for the running of races upon
any track, has been fully used. and that
races had been run upon the track in the
original specifically described
being forty-five. 90 days at and prior to
the granting of the temporary injunction
heretofore granted In this cause, and have
advertised and given out by public notices in
the newspapers and otherwise that they
will. commencing on Tuesday. the 18th day
of September, 1896. inaugurste and hold still
another race meeting upon the premises de-
scribed In the original n herein.
to said original information. hereby inform
the court and give the court to know all
the facts contained in the original informa-
ton heretofore filed in this cause and sfiIl
pending. the same as though such facts had
been carefully and with particularly re-
the plaintiff AYERS and informs the court
that such action so to be taken by the
parties above named will be in violation of
the -OIutT OI Tie curt heretofore enferP0
in that behalf, and OF such statute. but that
by reason of the fact that said parties so
herein named were not made parties 10 the
original information. Ii Is now claimed by
said parties that the order of the court
heretofore entered is Of no binding force
upon them. and that they are not compella-
BILE either In law or equity to obey such in
junction.
whereas plaintiff AYERS that said in
junction order is in full force. binding and
obligatory upon any and all persons who
may contemplate, propose or intend to hold
any race meeting during the present wear
upon the premises described in the original
and complaint.
ITO the end that there may be no pos
sible question as to the scope and force
and effect of such order so heretofore en-
tered herein, said. plaintiff now asks leave
Of court TO unite the above-named psrfies
as defendants in this action and to cause
process TO be issued against them as de-
PENDANTS. to order and adjudge that said
persons so above named. and all other per-
sons contemplating, intending or propos-
ing to inaugurate or hold a race meeting
upon said premises. shall be bound by said
Injunction order so heretofore granted as
though they had been parties
defendant to the original inforna-
ton fled herein and 10 enjoin and restrain
said parties and each of them from in
augurating or holding said race meeting on
the nth day OF September. 1895. or ut any
other time during the present year and
from In any manner violating or
attempting to violate the terms
Of said injunction or any OF the provisions
OF said act In relation to horse racing.