Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-08-12
A Full Bench Decides Against Pool
Selling At Our Fair.


of the society on August 80 and 81 anc
September l and 2 by dismissine a peti
ton praying the grant. The court had ais,
been presented with petition asking 4
not to grant license.
The statute provides that before the
court shall grant a license to sell pools or
horse races the Agricultural Society must
publish notice in county paper for three
weeks of its intention to petition the court
for license, and that the petition must
be signed by twenty-five reputable citizens
and voters living in the neighborhood Of
the grounds of the society.
Until three years ago the society was
allowed with the sanction of the court to sell
pools under this law. as every other county
in the State has been permitted to do that
applied for license to its own Judiciary
During the three years Judge Henderson
refused the society. which this year deter
mined to test the matter before full bench
and to carry the case to the Court of Ap-
peals of Maryland if an adverse decision
was rendered here.
Tuesday last the case was submitted and
occupied about two hours of time Chief
Judge Urner, rendering his opinion, said
that the court was unanimous in refusing
license. Personally, he said, hold the
law to be unconstitutional because it i'm
poses nonjudicial function upon the court,
and the constitution prohibits judge from
performing a nonjudicial act.
Judge Henderson followed with his opin-
ion. He believed the statute intended to in
vest the court with discretion to decide
between parties contending for or against
the issuance of license. If this is not
its purpose, then, he contended, the statute
imposes nonjudicial function upon the
court and is unconstitutional
Judge Motter closed the case with the
rendition of his opinion. He held that the
legislature had the power to impose upon
the court the duty of issuing license, but
the phrasing of the present statute was
improper and did not impose that duty on
the court. Further, he said, the court has
no right to view the moral or immoral as
pect of the law
Mr.. R. B. Farquhar and Rev. Thomas j..
Packard, of this county. addressed the
court on the subject. dealing exclusively
with the moral side of the case
Mr. Robert B. Peter appeared for the
society. He believed and argued that the
statute is mandatory and compels the
issuance of license when the law has been
fully complied with. 1t was intended by
the legislature to protect betting in this
way, as the privilege to do so previously
had been abused at race tracks. The pro-
visions, he said, had been indisputably
confOrmed to. The required publication
had been made. the signatures of the rs
reputable citizens had been secured and
their right to vote had been proved. He
apprised the court of the fact that the
society was very much in need of the reve-
nue. derived from the sale of the privilege
of conducting pool stand, which amounts
to 5000 annually. The society now car
ries debt of $10,5O Five hundred dol
lars of this sum was incurred at the last ex-
hibitiOn by shortage in the receipts and
has been borrowed from a bank on a
personal note made by the directors to
meet the deficiency. This shows that the
society is financially going backward. and
if continued the society must unavoidably
collapse.
In the course of his argument a long
colloquy took place between Mr. Peter and
Judge Henderson. Several times the other
judges interposed questions. Every time
he replied to them with a forceful expla-
nation of his position. indicating that he
had made thorough study and investiea-
ton of the subject before the court.
Mr.. Peter says the case will be taken to
the Court of Appeals. 1t is now too late
for the fair of 1910. as the court does not
sit until October next Between now and
the 1911 fair preparations will be made by
him to have a decision rendered by that
honorable body.
If our court is sustained in its decision,
pool selling under the existing statute will
be broken up throughout this State.