The Birmingham age-herald., 1904-05-18
POOL ROOM CASES
 UNDER ADVISEMENT Judge Feagii May Not Render Decision for Several Days INTERESTING ARGUMENTS Attorney Blackburn Claims That the Ordinance Is Unconstitutional, as
 1t Is Against the Policy of
 the State of Alabama.
INTERESTING ARGUMENTS

matter of the legality of posting the re- suits of horse races in public places. and also calling off the races as they progress. The question was argued before him yes- terday afternoon by Attorney Blackburn for Charles Berry and Pat callinan, en- ployes of the Southern Amusement com rany. and City Attorney Ed Smith in the cases against the two men for violating the section of the city code which pre- vents this.
 Judge Feagih will probably spend two or three days looking up the law on the question, and then render his decision. The question at issue is practically the legality of the ordinance, which was Wier arrested Berry and Callinan last Saturday. In the meantime the pool room in the Morris hotel, where these results of races were being called and posted, is closed.
 Facts Agreed On.
 After a statement of the racts in the case. on which both attorneys agreed, Judge Feagin listened to the argument. The facts as agreed on were that there was a billiard room In the Morris hotel adjoining the room occupied by tele- graph company, where the results of races are called out, odds are quoted on the races and the names of the horses, the odds and the jockies are posted on blackb bard. Also that Berry and Callinan were employed in this place by the South ern Amusement company, which operates under a charter. the former as telegraph operator and the latter to write the re- suits of the races on the boards.
 It was also admitted that the ordinance prohibiting the posting ana calling of races in any public place in the city was duly passed by the mayor and board of aldermen.
 City Attorney Speaks First.
 City Attorney Edward Smith argued first He said that it lay within the juris- diction of the mayor and board of alder men to pass any law which was for the moral betterment of the city, and that this ordinance came under that head. He said that it had been claimed that 1t was not legal for the city to pass this ordi- nance, as it was in violation of the poll icy of the state in as much as the state had never made any such law. He said this was not true. and he cited cases wrere a city had passed ordinances for the protection of its citizens long before any such action had been taken by the state
 Attorney Smith said that this matter was very much like carrying concealed weapons. He said that the mere act of carrying a weapon was not illegal, as that could injure no man, but that the law against 1t was passed because of the in- fiuence the presence of a pistol would have on the taking of human life. He carried the question even further. He said that merely throwing a banana peal ing on the sidewalk was not a crime, but that law was passed forbidding it be- cause it endangered the public welfare
 Surroundings Bad.
 Mir. Smith admitted that the mere post ing of the results of races was no wrong. but 1t was like old dog Tray. It's sur- roundings were violations of the law. and that the posting and calling of races tended to cause violations of the law, therefore. the public had to be protected against it. He argued that 1t was for the moral welfare of the city that tbese results should not be posted, as they were in room adjoining the place where bets were taken on the race. He claimed mat the posting of results was always more or less closely connected with the selling of pools.
 MT. Blackburn Speaks.
 Attorney Blackburn areued that +h. passage of this ordinance was in direct contradiction of the policy of the state Of Alabama, and therefore to some meas ure unconstitutional. He claimed that these two nen were employees of inc Southern Amusement company. which operated under a charter one clausa of which permitted the company to most and call the results of races. He claimed that TOT tnis reason the men were not guilty. ana that the ordinance was in violation of this charter, which was issued bv inc state He argued that there was no wrong in the posting of the results of races and that it was necessary for the city to show some connection between the posting of the results of the races and making a bet on the race in order that it might be proven that the posting of results was injurious to the morals of the city.
 Answer to Mir. Blackburn. In reply to the argument of MT. Black burn regarding the charter and the oper- ation of the company under a charter. City Attorney Smith said that under that view he could go up to the probate judge office and get charter to kill men, and that the men doing the killing would be protected under the charter He said the killing would be a violation of the law, and also that the posting of the re- suits of races was a violation of the law. and that if the men violating the law by posting and calling the results of races were protected, he did not see why mur- derer operating under charter could not also be protected.
 The case was then submitted, and Judge Feagin said he would render his decision in few days. or as soon as he had looked up the law.