The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-09-11
Mayor Davey, Chief Reynolds
Judge Boyle and Attor-'
ney Lamb Arrested.
FOUR POLICEMEN ALSO
TAKEN ON WARRANT
Climax Comes in Trouble Over Pool
Selling in This City-Judge Clancy
Charges Officials With Contempt and
They Are Held on Bonds OF $500
Each--Hearing Is Set for September
2O-Review OF the Case in Question.

Mayor William H.. Davey. Chief OF Po-
lice James Reynolds Judge Thomas Boyle,
City Attorney Lamb and four police Off
GERS were arrested this morning on war
rants issued out of Judge Clancy's court,
charging them with contempt Their
bonds were fixed at 5000 each to insure
their appearance in the district court Sep
tember 90, when they will try to show
cause why they should not be placed in
the county Jail for ignoring Judge Haa
ney's orders.
The arrest of the city officials forms
an interesting chapter in the fight be-
tween the county and city over the ques-
tion OF the right to sell pools on horse
racing. The fight dates back to a meet
ing of the city council several months ago,
at which an effort was made to pass an
ordinance which would have the effect
OF closing the poolrooms in operation at
the time.
Some of the aldermen opposed the
measure on the ground that the Montana
Jockey club was back of it and that the
race track officials merely wanted the pool
rooms closed during the race meeting.
The result of the argument was that an
ordinance was passed prohibiting pool
selling within the city limits. This ordi-
nance went into effect two weeks ago. at
which time Sam Martin closed his pool
room.
In Open Violation of Law.
The city attorney held that the Montana
Jockey club was running in open violation
OF the ordinance and that while the races
were run outside of the city limits, the
club was violating the state law prohibit
ing pool selling. The city officers arrest
ed the track officials, but Judge Harney
issued an injunction restraining the city
from further interference with the races.
All this time the county officials we're
active. County Attorney Breen thought
the city was going too far in arresting the
officers of the jockey club. He took the
ground that if the club was violating the
state law, 1t was his duty to make the
arrests and not the city attorneys. He
also held that pool selling and book
making were two different things and that
the Montana Jockey club had a perfect
right to carry on the race meet.
Sam Martin, proprietor of the Exchange
club poolroom, was arrested on warrants
issued out of different justice courts sew
eral times on the charge of conducting a
poolroom in violation of the statutes.
Although arrested repeatedly and warned
to Shut up his poolroom Martin continued
to run, and the city officials positively
refused to molest him.
Swooped Down on Track.
This was the state of affairs when the
big race meet of the Montana Jockey club
closed September 1. After the close OF
the meet racing continued on a small scale
and in addition pools have been sold each
day at the track OH Eastern and California
races.
After waiting few days to gather evil
dence, Officers Barney McGillic, Hender-
son, Sullivan and Young swooped down on
the race track and arrested Ed. c. Sachs
and several other men who were engaged
in operating the pools at the time. The
men we're brought to town in the patrol
wagon and were required to give bond in
the sum of 5000 each.
To say Sachs was wrathy is putting it
mildly. He at once started on the war
path. He declared he represented the
Montana Jockey club and that the city had
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