The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-02-27
THE COURT OF APPEALS CON-
STRUCTION OF THE RACE
TRACK LAW.

being conducted upon a number of tracks
in Cecil county.
In the mere technicalities of the case, or
in the ruling of the Court upon alleged
defects in the Indictment against the book
maker, Thomas Dycer, the citizens of Cecil
county feel little concern
They only ask to know, what the prac-
teal effect of the decision is in putting a
stop to race track gambling and whether
the decision will aid our local authorities
in concentrating this desired end.
Stripped of it's verbiage, the Court OF
Appeals simply decides, that no one racing
association can conduct races upon any
track more than thirty DAYS in any one
calendar year.
In other words, that if the Keystone
Racing Association, instead of building
three tracks at Iron Hill, and using them
for consecutive series of thirty day
meets, had divided itself into three (3)
nominal associations, it could accomplish
under these three nominal organizations
what it cannot do as one association.
Thus, every day in the calendar year is
still open to outlaw racing in the county.
If Mr.. Thompson wishes to continue
racing at Iron Hill all he has to do, is to
organize another association, build track
and race thirty days on it.
The number of these associations. and
tracks, can under the decision be indefinitely
multiplied, the simple condition under the
present law being that the racing on each
track by each association shall be limited
to thirty days in each year
Practically then the decision amounts to
nothing, so far as the public radiance of
the evil is concerned, since itmerely restricts
the privilege of the racing associations as to
time, but leaves the way open for all-thr-
year-round racing in the county, by the
easy means of divided nominal ownerships
of tracks,
Nor, unfortunately, is the opportunity for
race track capitalists to obtain incorpola
ton at all limited, nor is it necessary
| that it should he The law does not re-
quire that they shall be Incorporated, and
if it did, the Court has no discretion to
refuse the certificate of incorporation, if it
shall appear that formal compliance with
the General Incorporation Act of the State
has been made.
In a word then, the decision of the APP
pellate Court leaves the whole question of
race tracks in Cecil practically where it was
before the decision.
A cursory review Of the proceedings in
the Court below shows this. No question
was raised in the Circuit Court for this
county as to the form or substance OF the
charges laid in the indictment against
Dycer the book maker, but His Honor
Judge Stump in his construction of the
Act Of 1891, Chapter 232, under which the
indictment was framed, decided, that it
was no violation of the law to make books
and sell pools on the results OF running or
trotting races in this State, upon the
S'ouhuo Vi ''hy uoSOCidtibD,
driving park, or race course, provided it
was not done for more than thirty days on
the grounds of any one race course, or as
ISOLATION, in any one calendar year, and
found the defendant Dycer not guilty of
violating the provisions of the law. lie
then suggested that the case be taken to
the Court of Appeals for its construction of
the law, which was done.
The Court of Appeals has construed the
law, and we can see nothing in its construc-
ton that will aid in the suppression of the
evils attendant upon gambling on horse
Races. The indictment. the Court of Ap-
peals says, was technically defective, al
though correct in substance, the technical
defect being the omission of the words
against the peace, government and dignity
of the State" No objection was made by
the counsel for the defense either in the
Court of Appeals or the Circuit Court to
the form of the indictment. The case was
argued solely upon the construction of the
ia", anu eue ucitIuaut ISCeT having Deen
tried and acquitted could not be rear.
rested and retired on the same charge.
Thus it will appear, that the proper con-
struction of the law did noe depend upon
any question of technical error in the in
dictment, since the law has been construed
by the APPELLATE Court without any reference
to errors or omissions in the Indictment,
the court in its construction sustaining the
contention of the States Attorney for this
county, that any person or Association was
limited for the period of thirty days in
each year to one race track or park.
Accepting then the decision of the court
as linality, the people of Cecil county
must look to the next Legislature for relief
from race.track gambling, the decision
only emphasizing the necessity of selecting
the right men to represent the county at
Annapolis.
WHEN asked what he expected to make