, 1902-02-11
STRUGGLE
OVER THE ANTi-GAMBLING LAW
TO BEGIN AT CHEYENNE AT
END OF NEXT WEEK.
Method to be Pursued in Bringing the
Test Case to the Supreme Court
Mandamus Proceedings Against
the County commissioners-Ac-
ton by the Mayor Of Casper.

Notwithstanding the fac that Judge
Bramel. sitting in the district our at
Casper at the time, decided that a
small mistake by a clerk in the legisla-
ture would not invalidate laws passed
by the legislature, signed by its officers
and approved by the governor. the
mayor of Casper has thrown up hi,
hands and announced that gambling
would be permitted after February 90,
the date upon which the anti-gambling
law will go into effect. He says that
open gambling will be permitted and
that the officers in that town are I'm
structed to collect and turn into the
treasury of said town by fines and 9TH
erwise the same amounts heretofore
collected for the running of gambling
houses"
Richard Butler and G. A.. Hertzog,
members of the house of the last legis
lature, assert their belief that the rul.
lIlH u JuN5V ~ w Jpil'i ~
the supreme court. and this belief is
shared by many citizens besides, who
do not relish the idea of invalidating
the whole work of the session by ad-
hitting the importance of an error
made by a clerk.
The Cheyenne correspondent of the
Denver Post has the following in Mon
days issue of that paper:
On Feb. 81 the struggle between the
gambling element and the state will be
inaugurated. The fight promises to be
one of the most notable legal battles
in the history of Wyoming and its re-
suits will be ~far-reaching.
Arrangements have been completed
for the attack upon the anti-gambling
bill. which is technically known as SEN
ate bill No. 40. Everything is now in
readiness. ever to the papers,. which
have been drawn, and are ready to be
filed in the court at the proper time.
The line Of battle against the validity
of the law will be about as follows:
The anti-gambling law is to become
effective on February %. when all
gambling in the state will presumably
be closed and the licenses of the gamb-
lers rendered void. On February 81
Harry p. Hynds. who is conducting the
fight, will file an application with the
county commissioners asking for a
renewal Of his license. and the COM
missioners will then take advers &C
will be Immediately filed in the district
court asking for a writ of mandamus
to compel the board to grant the
license upOn the ground that the gamb-
ling law is unconstitutional and void.
The matter will then be referred to
the state supreme court. no matter
what the decision of the lower court
may be, for an opinion. In the mean
time gambling will continue through
out the state unmolested.
The decision OF the state supreme
court will be awaited with interest, for
the reason that if the court finds that
the anti-gambling law is invalid. then
every law passed by the last legisla-
ture is void. All bills were handled in
precisely the same manner as the anti
gambling measure, and If the gambling
law is unconstitutional, then the 9th
ers are also invalid.
For a time it looked as though the
threatened invalidity of the state laws
enacted at the last session of the leg
i~slature would cause a delay in the
trials of Charles Woodland and Tom
Horn. the alleged murderers. Tor the
reason that the present jury law was
enacted at the last session. The attor'
hey general. however, has set at rest
any such fears by ~instructing the pros
ecuting attorneys Of the several coun'
ties in the state that If the jury law is
invalid then it did not repeal the old
jury law. and that they shall organize
their juries under the old law and pro,
coed with the trials. No matter what
the outcome Of the attack upon the va
lidity OF the state laws may be the
trials under the old laws are bound tc
be legal and unquestioned. Hence
there is no escape for criminals ant
no probability of delays in trials on &C
count of the present discussion owe
the validity Of the laws.