The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-02-13
OUTLAW RACING.
COURT OF APPEALS DECISION
MAY STOP 1T IN MARYLAND.
Attorney-General Clabaugh Hopeful That
H Will Win His Test Case
Then States Attorneys
Will Act.

A decision is pending in the Court of Al-
peas at Annapolis which is likely to settle
the fate of outlaw racing in Maryland. 1t
may also settle the fate of book-making on
race courses other than those belonging to
agricultural associations.
Thomas Dycer was indicted in Cecil county
September 2, 1896 for bookmaking on the
track of the Keystone Racing Association.
The crucial portion of one count ofthe indct-
ment reads as follows:
"He uulawfuly did gamble and make books
and pools not being within the grounds OF
any agricultural association race-course or
driving park in existence before the passage
of the act of 1894 >
The indictment also charged that the MAX
ing Of books and pools was on the grounds OF
the Keystone Racing Association of Cecil
county after said association had already
permitted such gambling and making OF
books and pools for thirty days in the year
1896.
TO TEST THE LAW.
The indictment was drawn to test the law
of 1894. Chapter 232, which prohibits horse
racing on the grounds of any association for
more than thirty days in one year, and also
to test whether the State laws permit pools
and bookmaking on races in the State at all
except on the grounds of an agricultural or
driving association.
The Circuit Court for Cecil county ruled
that the Indictment was bad. The State took
an appeal. The appeal was prosecuted by
Attorney General Harry Clabaugh. 1t was
argued at the last term Of the Court of APP
peals, but was one Of the last cases on tn,
docket. The decision has not yet beel
handed down.
CASE IIrORTANT.
Attorney-Gcncral Clabaugh said Oh Satur.
day morning that he considered the case o,
great Importance. 1t has one weakness
the indictment was loosely drawn and tn,
clause was left out which ends every count
in each complete indictment: "And against
the peace, government and dignity of thu
State" Mr.. Clabaugh has nevertheless
asked that the points in the ease he passrG
upon by the court whether the indictment is
upheld or not.
Mr. Clbaugh holds that under the statute
which is ambiguous. making books on races l.
not permitted at all unless at the track Of an
agricultural association, and then only for 30
days in the year. The association can OWL
but one track and can permit that to be used
for racing purposes for but 80 days annually
ANOTHER POINT.
Even if the court will not 90 so far as
that and permits the making of books on
races at tracks which do not belong to agri
cultural associations, he holds that the de-
fendant in the above case was guilty. as the
Keystone Racing Association had already
allowed the making of books on its tracks for
30 days in 1896, before the defendant had
committed the offenSe of which he was
charged. Mr.. Clabaugh holds that an associ-
alton is still violating the laws of Maryland
if it moves rom track to track. as no associa-
ton spcrmtted to own more than one track
or allow that to be used for more than thirty
days.
CLOSE OUTLAW TRACKS.
He thinks that IA decision in his favor will
practically prohibit the running of outlaw
tracks, which has been such a disgrace to
Maryland; as it can be readily shown that it
is practically the same association which
controls the races ut all the various tracks in
the State which is patronized by the strings
of outlawed horses. If bookmaking can be
limited to the tracks of agricultural assOcia-
tions and to thirty days on each of them it
will certainly be dcathblow to outlaw rae
ing.
states Attorneys in the counties in which
outlaw tracks have been operated during the
past season, aud are now being opened again
W II follow the lines laid down by the de-
csion. and il Mr.. Clabaugh's contention is
upheld they will have indicted all persons
who make books in violation of the law
Baltimore News.