The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-02-27
THE RACE-TRACK LAW.
THE THIRTY DAYS LIMIT.
A Race Track Association in Cecil
County Can Have Only One Track.

Among the decisions handed down on
Wednesday by the Court of Appeals was that
of the State VS.. Thomas Dycer, involving the
legality of out law racing as now conducted
in Cecil county.
Thomas Dycer was indicted in the Circuit
Court for Cecil county on charge of gambl
ing, making pools in violation of Act of 1894,
chapter 232. The statute declares that it shall
be unlawful for any person to gamble or to
make books or pools on the result of race
of fany kind; secondly to use or knowingly
suffer to he used any place for the purpose
Of making or selling therein any book or pool
or otherwise betting therein upon the result
of n race of any kind. The statute has this
proviso: provided, nothing in this section
shall render it unlawful for any person to
make a pool or book or to bet within the
grounds of any agricultural association, or
upon any horse race which shall be held with
in the same grounds. or driving park. upon
which said person shall so make pool or n
book or shall so bet, upon the same day on
which said races shall be so held, on not
more than thirty days in any one calendar
year. The act does not apply to races at
agricultural associations or on a race course
or driving park, and the pools or books must
not continue more than thirty days i'll any
one year"
The court says: ut seems sufficiently
evident that the purpose Of the legislature
in the particular mentioned was merely to
restrict the gambling to the day Oh which
he race was run, and to change the period
of time allowed to race on which gambling
was permitted An agricultural association
and owner OF race course or driving park
are granted special privileges by this act,
but the privileges conferred are not indefinite
and unlimited. 1t could not be supposed
that an agricultural association would insist
that it had the right to use two distinct
parcels of land for the purpose of holding
races. nor. for the same reason, could an
owner Of race course or drng park that he
had the right to usetwo or more race courses.
The comprehensive, absolute and unqualified
expressions used dy the legislature show th;.,
they regarded this species Of gambling as Il
serious evil and that they desired to sup
press it, but, for reasons which they con-
sidered satisfactory, they saw lit to permit it
under certain circumstances. for the space Of
thirty days in any one year. Now, when
they made, iE a guarded manner, this eXcpp
tion to the general scope and operation of the
statute, they certainly did not intend 20
nullify its provisions altogether. They con-
ceded to certain persons, whose tastes aih
wishes they desired to crafty, a license.
under certain prescribed conditions, for the
space of thirty days in a year. This was not
intended to free them entirely from the obli-
cations of the law. If such were the case,
the law would be nugatory. If an owner of
race track can extend the exemptions of
the statute to two race courses, he has the
same right to a dozen or twenty, or as many
more as he chooses to have, and. consequently
instead of having a remission of the penalties
of the law for only thirty days in year, he
would be beyond its control during the entire
period. 1t would not bind him at all. A few
persons, cooperating together. could carry
on the gambling denounced by the statute
in every county of the state, without re-
straint.
"The indictment in this case has three
counts: There was Il demurrer to each count
and it was sustained. We hold that the
first and third counts were defective in sub
stance. In the second count, il is averred
that the Keystone Racing Association of
Cecil county had held horse race upon race
courses owned and operated 10y them, for
more than thirty days in the year, 1896, in
Cecil county, and had permitted on its
grounds gambling and making books and
pools on races; and, that, thereafter. in the
same year, the said association held another
horse race on another race course under its
control in Cecil county, and. that on the
grounds where this last.mentioned race was
held, Thomas Dycer gambled, made books
and pools on the result of the race. 1t will
be seen that the acts Of which Dycer is ac
cused are in violation of the statute; and that
If the association permitted these acts it, also
is liable to its penalties. We must. however
sustain the demurrer to this count, because
of a formal defect. The thirteenth section OF
the fourth article Of the Constitution re-
quires that all indictments shall conclude
''against the peace. government and dignity
of the state. This provision is mandatory,
and it is our duty to enforce it. The second
count has not the necessary constitutional
conclusion, and, as the objection is properly
presented by demurrer, it must be sustained.
Judgment affirmed"