The Indianapolis journal., 1896-05-23
THE GOVERNOR LOSES
JUDGE GILLETT DECIDES IN FAVOR
OF ROBY HORsEMEN.
No Violation of Law, and the State
Has No Right to Interferc-Sloppy
Track at Terre Hautc.
Special to the Indianapolis journal.

Special TO the Indianapolis Journal.
CROWN POINT, Ind. May 22.-The Roby
races will run continuously All summer and
the sporting element from Chicago. together
with the several hundred people in the vicin-
ity of Roby who have obtained employment
at the tracks. are jubilant. Governor Mat
thews was knocked out by Judge Gillett to-
day, the Injunction being denied This opin-
ion was looked for by the legal fraternity
here, as 1t was understood from the start
there was no violation of law under which
the Governor hoped to shut I'D the three
tracks. There are three race tracks in the
vicinity of Roby and after a ffteen-day
meeting on the Forsyth the races
were transferred to the Sheffield track.
When the fifteen days are UP at Sheffield
the racing will begin at Lakeside. After
fiften days at Lakeside the necessary thirty
days viii have elapsed so that racing may
be resumed at Forsyth. and .he circuit will
be resumed until the season closes. To
avoid liability under the Sellers law three
tracks ard three associations were formed.
The Governor. in order TO stop the contin-
uous racing. had suit fled for All injunc-
ton, alleging that the associations were
practically one and the same. The case was
argued by the attorneys last Monday, At
torney- general WA. Ketcham and the Hon.
Johannes Kopelke appearing for the State.
and the Hon. Elisha Fields, general solicitor
Of the Monon railroad, and John Il. Peter
son for defendants.
The defendants had taken oath that the
associations were different and the court
agreed there was no common ownership.
The decision held that the business of racing
was lawful and that 1t was right for man
owning a track to lease IL TO whoever he
pleased and should not be hampered by the
fact that neighboring land owner also
leased track. A strong point against the
Governor was the following:
Although the statute gives the undoubted
right TO hold races upon aetrack at any time
between the 10th day Of April and the 18th
day of November, provided that the meet
s and @ @ nI1 esr Sry nah dar nies s
vened since a prior meeting was held upon
the track. yet even the first person to make
use of tract of land for a race track, -ac-
hampered in the enjoyment OF his right as
soon as some one else establishes a race
would, upon realtors theory, find himself
obliged TO conform to even the caprice of
the neighboring proprietor. II one proprietor
1 until May Is. the other might mahciously
compel the first proprietor to postpone HIS
melting until May 20 by advertising and hold
April 20. Other illustrations of similar
character may be readily suggested. In my
,Sdgment ,a snch e3hnstruStlon thn % would render
who Is exercising an avocation which the
Legislature has said is lawful cannot by the
act of an irresponsible third person, be re-
stricted in the pursuit OF his avocation.
Suppose that the State Fair Association,
which, / believe, it has been held is a pri-
vate corporation, had at great expense ad-
vertised its fair for the secular week COM
mencing. Monday. Oct. 5, and that on Satur-
day, Sept. 19, the proprietor of a track,
which, for the purpose of illustration, We
may suppose was in the vicinity, should adj
vertise and mold a race meeting. Would 1t
be contended that that act of a third per-
son would compel the fair association to
abandon the racing feature &C its pro-
gramme? / am satisfied that the Legis.a-
ture did not intend any such consequences
in the enactment Of the Sellers law.
when the Legislature enacts a law to
enjoin the selling of pools upon race course
the courts will make an end of the only evil
which can Justly be complained of in
nection with horse racing, but until that Is
done fear that the regulating of the time
of racing will be OF but little avail"
Characteristic Ketchnm Interview.
Attorney-general Ketcnam was asked last
night what he thought of the decision in
the Roby case He declined to discuss the
matter. saying it was not becoming in a
lawyer to criticise the action of a Judge in
that had gone against him.
What will be the next step teken?'
ASK somebody else; don't ask me-"
81 thought you would be the one who
would know is the reason you are asked he
question
IF did know wouldn't tell you. 1 can