The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-01-12
REFUSES TO ENJOIN RACING.
Supreme Court Decides Issue in Co.
lumbia Case-Attorney Lyon
Talks.


Talks.
Columbia, Jan. 8.-The supreme
court today refused to grant the pc
tition for an Injunction against the
Columbia Racing association, it being
held that the racing had ended, and II
il had constituted a nuisance, it had
been abated by discontinuance.
"If the afidavits are presented
promptly, containing the proper lnfor-
nation that betting is being carried
on a.; the Charleston racing meet,
will Immediately institute proceedings
looking to getting an Injunction, for I
am OF the opinion that Injunction will
lie in such cases." said Attorney Gen
eral Lyon this morning in discussing
the racing situation following the ac-
ton Of the supreme court in dismisslng
the petition and the rule to show
cause, which had been issued against
the promoters Of the late Columbia
racing meet. Those against whom
the petition and the rule had been is
sued we're: A. N. Elrod, J. W. Rice and
C. J. Lynch, F. W. Armbroster and A.
r. Heise, and On January 4, when the
case came up for hearing before the
supreme court, they ordered these
parties to make additional returns,
which were filed this morning. They,
as the respondents in the matter,
are to pay the costs.
Because Races Had Ended.
In the additional returns this morn
ing C. J. Lynch, for the late Columbia
Racing association, the other two
members, A. N. Elrod and }. W. Rice
having left the city for their homes in
other parts of the country on Janu-
ary 2, showed that the alleged nuis-
ance, had been abated in that the
races had ended and the matter
brought to close, they showing this
was done in good faith. The court
took this view in dismissing the peti-
ton and the rule.
Returns Made.
A. T. Heise, in his return, showed
that he was not connected with the
Columbia Racing association, only that
he was selling tickets at the track. F.
". Armbroster is absent at his home
and the return he filed on January 4,
denying that he was head of the book
making, was allowed to stand.
Nelson & Nelson, counsel for the
racing meet promoters, contended that
the races had ended on December go,
and there was nothing for the court
TO consider. They held that this was
done in good faith and contended that
the petitioners, even while the races
were on, if the conditions existed as
was alleged in the afidavits, they had
an adequate remedy at law.
For Future Conditions.
Attorney General Lyon argued the
cause for the State, and asked that
the Injunction be issued, taking the
view that there was no assurance that
<ahese parties would not at some future
date hold another racing meet and
the same conditions would exist. The
attorney general stated in the course
of his remarks that his informa-
ton was that betting was carried on
each year on horse racing at the fair,
and we're the court to grant the in
junction asked it would have deter
rent effect on the alleged betting on
horse racing each year at the State
fair.
Alleged Nuisance Abated.
But the court took the view that the
racing had been ended, and if there
was a common nuisance carried on
while the races we're in progress, as
alleged, it had been abated, and that
the promoters in ending the racing
meet were acting in good faith. This
is the Interpretation of the order of
the court, which dismissed the petit
ton and the rule to show cause, and
ordered the promoters of the late Co.
luhmbia racing meet to pay the costs
Of the action, which is construed by
those bringing the action as a victory
for them.
The Charleston Meet.
Whether any effort will be made to
onioiD tha nrono otarc Of tho Ch9r1pc-