The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-12
County Fair Boards Must Stop
Race Track Betting.
Supreme Court So Decides in
Anthony Fair Case.
STATE HAS POWER CUSTER
Murder Case Back
for New Trial.
Five Shawnee Cases; Four AZ
firmed, One Reversed.

The supreme court today held that
a fair association, chartered by the
state under the authority of the stat
ute to form private corporations for
| the encourage of agriculture and
horticulture, has no right to sell the
privilege of using it's buildings for pool
selling and book making. Such an
association, declares the court, will,
at the suit of the state, he oustei from
the exercise of such power.
Such was the rul1ng of the court to-
day in the suit brought by Attorney
General Dawson to Dust the Anthony
Fair association from its exercise of
the right to acquiesca in and authorize
pool selling and book making. The at
torney general set up that III August
of each year the Anthony Fair associa-
tion held a race meet and fair and
that for four days betting was carried
on as the result of the races in shed
adjoining the race track.
The defendants filed a demurrer ar
guing that the legislature had prac-
tically licensed pool selling by fair as
sociations and that there was no cause
of action. The fair association pointed
out that the laws of 1874 forbade SELL
ing pools or engagement in games or
chance on any fair grounds in the
state, but that this provision was
nullified by the provisions of chapter
155 of the laws of 1895, which was
also an act prohibiting book making
and pool selling. This latter law con-
tanned this exception, Except within
the enclosure of a race track and upon
races or trials of speed being con-
Quoted within said enclosure; proVid-
ed, that the exception herein shall not
apply to any race track or enclosure
for more than two weeks in any one
year" The fair association insisted
that this act by implication repealed
the older law and amounts to the last
expression of the legislative will to
the effect that pool selling on races
within the enclosure of a race track is |
year.
I'VE do not deem it imperative"
said the court, "to decide at this time |
whether an act making gambling |
crime at all times and places, punish
able by severe penalties and excepting |
out two weeks in each year in certain |
locations is valid. 1t is necessary only |
to hold that aside from such consld-
erations the state has the right to
say that fair association to which it
has given corporate life in order to
encourage agriculture and horticul-
ture, shall refrain from conduct which |
is clearly against good morals and is
a crime under ordinary circumstances,
and which cannot escape the condem-
nation of criminology, save, if at all,
by a critical examination into the va
lidity and effect of statutes enacted
for the general purpose of suppressing
gambling
The supreme court ordered a new
trial in the murder case brought
against Charles Alexander and Floyd
county The two Alexanders were
accused of killing H. G. Busenbark at
Belpre. The three men and H. w.
Bennett met in. pool hall one even
nd limo n
order to secure more whisky the four
men went upstairs to room where
Bennett had bottle hidden. The !,
three drank the whisky and then be-
room. In the scuffle Busenbark was
shot. It was never established just
who fired the shot but the revolver
belonged to Bennett, but the two
Alexanders had possession of it several
times while the men were wrestling.
Charles and Floyd Alexander were
convicted of manslaughter in the
fourth degree, but the supreme court
sent the case back for new trial be-
cause of legal technicalities which pre-
vented the taking of evidence to defi-
nitely prove who fired the shot.
One of the most important mining
decisions in several years came today
when the supreme court held that
even though the state mine inspector
failed to do his full duty, that negli-
4
Kansas & Texas Railway company in
the operation of the Katy mines does
not exemp that corporation from pay
ing to Miriam Cheek damages for the
death of her husband. In their de-
cision the justices of the court recite
that the mining laws were passed by
the Kansas Legislature to protect the
that they must be obeyed,
even though it means an actual loss
of profits to companies operating un-
der these laws.
The Cheek case came to the su-
preme court from Cherokee county.
Thomas Cheek, the plaintiffs hus-
band, was killed by an explosion of
fire damp in one of the Katy mines
The law requires coal mines to be ex-
amined every morning before the
miners go to work. There are other
duties devolving on the mine opera
tors and the mine inspector, all tend
ing to protect mine workers. Some of
these provisions were not faithfully
kept the court found. In fact there
mine inspector did not do all that the
law intended. Yet failure of the mine
Inspector does not relieve the mining
company from liability in case of ac-
cident.
In the Cherokee county district
court Mrs. Cheek was awarded dam
ages. The supreme court today said
hat the decision was just and affirm
ed the decision on the ground that the
mining company failed to obey the
full letter and intent of the law in the
matter of daily inspection of its mines
sefore the miners went to work.
Under the decision of the Kansas
supreme court today, the driver of a
horse meeting a motor car on a public
must signal the motor car
1river to stop if the horse becomes