The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-09-04
FILE PETITION
IN ATTACK ON
GAMBLING BILL
RESTRAINING ORDER GRANTED
AND HEARING WILL BE GIVEN
SEPTEMBER 8. SLOT MACHINE
AND DICE BILL HELD UP.

Oklahoma City, Sept. 3.-In an ef.
fort to continue the suspension of the
gambling bill passed by the special
session of the legislature, which was
sustained by majority of 6,246 at the
special election August 4, attorneys
filed a petition this morning in the
district court in the name of Earl Il.
VanDevoort for perpetual injunction
against the election board certifying
the result to the governor.
a temporary restraining order was
granted by District Judge George w.
Clark who set the case for hearing
Tuesday, September at 1G o'clock.
The petition is directed against the
individual members in their official
capacity. Only the bill prohibiting
slot machines and throwing dice and
providing civil penalties against the
owners Of property who rent buildings
in which such gambling takes place is
involved. The attorneys in the case
stated that they had not decided yet
whether to file similar action in the
race track measure or to wait the out
come of this suit.
The petition sets out that the pc
titioner and a requisite number of
qualified electors of the state signed
and filed a petition as required by law
for a referendum of this law to the
voters of the state
A Shortage of Ballots.
The filing of this referendum peti-
tion suspended the law until it was
approved by a majority of all voting
on the question at an election prop
erly called They then set out that
the question could only be voted on
at the general election in November
or a special election called by the gov
ernor The petition emphatically de-
nies that the special election August
4 was legally called and asserts that
the question was submitted 10 a por-
ton of the voters of the state by the
defendants acting in their official ca
pacity.
At ii special election, the petition
sets out, g. 1913 votes were cast for
the repeal of the law, while 1879 vot-
ers We're in favor of it becoming the
law of the state, giving the bill ma
jority of 6,246 of the votes cast. The
petition then sets out that there were
more voters than the number of the
of the bills favor, who were
denied the right to vote on the ques-
ton. They claim that in 127 precincts
there were no ballots furnished on
the question and that there were
b,562 votes cast for the candidates for
governor In many other precincts
the number of ballots was wholly in
On information and belief
the petitioner asserts that more than
$1,000 voters were denied the right to
vote on the question by reason of not
being furnished with ballots.
The pamphlets containing argu-
nents for and against the measure are
attacked as failing to comply with the
aw in the manner of preparation, dis
tribution and number reaching the
'oter, the petitioner asserting that
ully ninety per cent of the voters |
lever received a copy of the pamphlet. |
Race Track Bill Next.
While no similar action was taken !
oday on the race track bill, it is un- |
lerstood that it is the intention to do |
70.
In anticipation of the action to be
AIKEN against the gambling bills Gov
rnor Cruce had instructed the cleo
ion board, through Chairman Ben
tiley, to make a complete list Of the
16 precincts where it had been al
eyed that no votes were cast on the
measure, to see why there
ad not been, 1t was claimed that no
allots had been supplied to these
recincts. Taking the vote on COVER
or as representative. the election
oard was instructed to compile the
ote on governor in these places so it
ould be seen on the gambling bills.
Allowing the number of votes so
)und to be against the measures |
hould there still be a majority for
heir sustentiOn, it would still be /;
aimed they had carried, or been sus- I
iined. The report called for from
le election board has not been de- {