The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-31

SAdosc -PtONiulHS Indt II SnOuiu nOl ~
in effect until May 1st, 1911. There
fore Section 1851 is still in force and
win be so until May LIST, 1911.
Last spring a criminal prosecution
was instituted against the promoters
Of the racing association at Jackson
vile in the criminal court of record Of
DuvaI county, and 1t was contended
on behalf Of the state that Section 1851
was unconstitutional, but the court
overruledd the contention and held the
Section Constitutional.
| The supreme court of Tennessee, in
the case of Debardelaben VS.. State, 80
| Tenn, AZ S. W.. in passing upon the
constitutionality of statute similar to
the Florida state. said:
Undoubtedly, the legislation is par-
tial In the sense that 1t declares the
betting or wagering of persons within
the enclosure, however. does not render
the act obnoxious to the constitution
as vicious class legislation. It is the
law of the land within the contempla :
ton of Section s, Art. II, of the consd :
tuition, because 1t embraces and affects
all persons who are or who may be in
the same or similar situation and con :
dition, and makes no arbitrary and CT
PRECIOUS classification. Possessing these
qualities, 1t is valid class legislation.
The act makes two classes of betting
or wagering persons-those within AMI
those without the enclosure The
| former are excused, the latter made
liable. It operates upon such member
OF the same class IN exactly the same
way. and any member of either class is
/ a. l. - =
other class and upon doing so, the RUE
Of that class applies to him as to it's
other members. Persons on the inside
Of the enclosure may go out, and those
on the inside may go in, and with the
change thus made from one class to
the other. there is. a corresponding
change of liability. All may go in
and be excused, or all may go out aad
be liable. One object of the law is
to encourage the raising of fine
and swift horses. The greater the at
tendance at the races, the greater the
encouragement to raise such animals.
Liberty to persons attending, and re-
straint upon those not attending, is
well calculated to increase the attend
ance, and, thereby. forward the pur-
pose of the law. Other reasons might
be assigned, yet the one mentioned suf-
| fees to show that the classification Is
not arbitrary and capricious. The act
is not open to the objection urged
against 1t in this case, nor to any other
/ objection touching it's validity"
| A similar statute was also upheld in
! the case of State VS.. Dycer, So Nd.
| 246; SO At. Rep, 242. and also in Peo-
pie VS.. Fallon, 1872 n. Y, 1; 46 n. L.
Rep, 302.
The supreme court of Florida has
said that it is well settled cardinal
rule that nothing but clear viola
ton of the constitution will justify
the courts in overruling the legisla-
tive will, and when there is a reason
able doubt as to the constitutionality
of an act, it must be resolved in IA
vor of the act.
| I understand that the association
that is to conduct the meet has been
legally incorporated under the laws of
Florida, and under the terms of Sec
tons 1851, will have the right to en-
gage in pool selling at the track and
on days on which races take place.
/ "Pool-selling" is defined in the Cy-
clopaedia of Law and Procedure, page
913. as "A method of betting or wager
ing money upon horse races or other
contests; betting upon the results of
horse races and other trials of skill.
speed and durations, at a place with
apparatus and devices convenient fer
this purpose
In James VS.. State. 6 Nd, 255, /.
was said: Pool selling is nothing
more or less than betting on horse
racing"
In the matter Of in re opinion of the
justices, 70 N. H, 625, GO Atl., the
court said:
:" Pool selling or book making in
connection with the racing of horses
or otherwise are not defined or de-
nounced In terms in the public stat
utes. In Barker vs. Mosher. so N. H.
7S, 1t appeared that pool selling was a
method of betting and wagering money
upon horse race. The two terms ap-
pear to be classed with betting, as
race track gambling, and are defined il
the dictionaries as methods of betting
such horse races or other contests. 1t
to be understood as defining some
1 IIIcIllOO VI DGLIiiiS vi IIlOIlSJ
upon such events"
In the case tried at Jacksonville 1t
was proven to the satisfaction of the
jury that the method of betting pur-
sued at the race track, which I under
stand was the same as that conducted
at the former race meets here, was
pool selling" and the case was de-
termined in favor Of the racing assc-
citation.
The court Of record will not conve le
until May sth, but in event you pro-
cure evidence that the promoters OF
the race meet are not conducting 1t DE
provided bu law, prosecutions can be
instituted by making AFFIDAVIT before
the county Judge or the justice Of tha
peace for this district.
Very truly yours,
| a SCOTT NJ LOFTIN,
County Solicitor