The commercial. (Union City, Tenn.) 190?-193?, 1907-06-14
ANTI-RAoE TRACK DECISION

ANI1-hAO6 IhACh D6C1olCN
Judge Palmer, recently appoint
} ed by Gov. Patterson to the erin
: inal bench of Shelby County, ha
, jumped into prominence and ha
caused himself to be talked abou
: not only in this State but else
where. He has set up the remark
able opinion that the anti-rac
track gambling bill, passed by tn
: last Legislature, is unconstitution
al. He holds that the caption o
the bill is irregular, containing
more than one subject. The whole
truth Of the matter, as sifted dowr
since this decision which is calcu
lated to elate the gambling ele
ment, is that the copy of the bill
which was submitted to the court
is not faithful transcript of the
original bill. 1t contains a typo.
graphical error, the word ''and'
being used instead Of son. The
caption in the bill which it claimed
was in the hands of the courts
reads "An Act to Prohibit Gam
bling and Horse Races whereas
the original bill reads Gan Act
to Prohibit Gambling on Horse
Races" This transposition of
words in no sense effects the body
of the bill, as only one subject is
treated therein, that theme being
a strong protest against gambling
on horse races, and providing Sc
we're penalties for the practice.
There could be no doubt in the
mind of any intelligent Judge or
lawyer or layman as to the real
purpose of the bill, and as to
whether the bill contained more
than one subject. Consequently,
careful reading should have con-
WINGED even the most preiudiced
that the claim that the bill VIC
lated the constitutional provision
against more than one subject be-
ing treated in Legislative meas
ure could not be we'll founded,
even had the word 'and" appeared
in the original caption instead of
ION" These being the facts in
the case, it would seem that the
action of the Palmer court will
undoubtedly be set aside by the
Supreme Court of the State when
the case comes before it for final
adjudication. Attorney Charles I.
Gates, Jr., has taken an interest in
the matter, and has asked the SUI
preme Court to advance the case
upon the docket, with view to
determining itsconstitutionality at
a very early date. The Palmer
decision indicates the measure to
which some lawyers resort, in set
ting up technical objections toll
legislative enactments. Too often
are the spirit of the law and the
beneficial effects its enforcement |
will bring about, overlooked in |
the anxiety to find some super
fetal flaw which will enable
fiimsy basis for decision of un-
constitutionality. Common sense |
will not permit decision that the /
anti-race track gambling bill, as
passed by the Legislature, is I'M
constitutional. 1t is in the inter-
est of the morale of the State that /
the law should remain upon the
statute books, and if the courts
should sustain the gigantic discov-
cry of the Memphis judge it may /
be depended upon that the anti
race track gambling bill will be
an issue in the next State election, i
and that the people will select a
that viii see to it that
. law is passed which will hold H
water, even in the most prejudiced
court in Tennessee. The people
If this commonwealth are deter
mined to put down the race track
evil. Knoxville Senti-
lel.