The Lake County times., 1913-10-24

horse racing is not per Sc unlawful,
but that It becomes obnoxious to the
law when II Is used as a means of
gambling wrote the governor. AT
the time of ordering out the militia
believed. and now believe, that the race
course was being used as an instru-
ment to promote gambling and that the
owners thereof were knowingly allow
ing their property to be used for such
purpose 1t was evident that the local
officers were either not attempting TO
prevent gambling or were unable to
prevent II.
No Doubt of Authority.
"I never had any doubt as to my au-
thority in the premises. However.
upon receipt of your letter. I submit
ted the question to the attorney gen
eral of the state and requested his Of
| fetal opinion concerning the same.
| hold to the same apinion as that ex-
pressed by the attorney general and
must therefore, as chief executive of
the state, refuse to agree to such sub
mission to the courts"
The attorney general held that the
governor alone shall determine upon
the necessity of using state troops for
any purpose and that. 1t being a gov
would not be proper to submit such a
proposition to the courts.
| Mr. Knots declared in his letter
that the race track "if we can run
races thereon is worth 100000, but
without racing 1t is worth scarcely
] $4,000. While his racing association
has been greatly damaked because of
troops preventing the completion of a
4 race meet, Mr.. Knots says that he
| would be willing to agree that only
nominal damages be recovered in case
the courts should hold that the gov
ernor acted without authority in stop
ping the races. Knots suggests that
a constable, with or without star
could have done what the state troops
did.
II Denies Effort Was Made.
1--WE contend that If there was gam
bling, there was never any legal effor
made by any one. except ourselves. tc
prevent or stop the same" read:
Knots letter to the governor.
1--WE contend that there was no mob
riot, violence, disorder or any other &C
or acts requiring or legally justifyint
the presence or use of the militia, anC
that if. under any circumstances, the.
, could have been used. 1t should hav
been to prevent the unlawful acts. ant
not the lawful one. We also conten,
that if, as you say, the racing afforded
the means of gambling, we, as citizen
;. of Indiana, where courts are constitut
ed to try violations of the law to TIL
. end that no one shall be deprived o
his property without due process O
law, civil right not having been there
/. tofore suspended or military law pro
! claimed, should have been brought int
court where we might be heard in ou
Z own defense; that we have been de
Z prived of our property and the us
thereof without due process of law, an
that you had no legal right under a
the circumstances to stop the racing @
i take forcible possession of our prop
4 erty."
Knots Gives Reasons.
In giving his reasons for urging
# settlement of the question in coui
a Knots wrote that "the governor ais
ought to know definitely whether c
u not he has the legal right TO order OF
4 the troops to suppress anything he ma
deem unlawful upon his own motto
n fetal or citizen when no force or r,
81 sistance whatever Is offered, no arrest
Il made or attempted to be made. no wal
rants issued or attempted to be issue
4 no threats made, no menace or tntim
"a datfon offered. no concert OF action, I
81 constable. with or without star wa