The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-10
Law Provides s<Open Season" Of
Two Weeks . Year.
Mayor Cofran's Inquiries Lead
to Legal Discovery.
SUPREME COURTS REFUSAL
Would Not Pass on Validity Of
~Open Season" Clause.
No Law Compelling Police ia
Boost Gamblers Business.

Gambling instincts can be gratified
at the Kansas State Fair at Topeka:
which opens September IA. Anyone de-
string to do SO, can go to the races
and bet to his or her hearts con-
tent.
II a policeman "bawls OUT anyone
for betting and threatens an arrest un-
less the bettor is patrOnizing the
bookies." or Il the chief of police tries
to drive business to the professional
book-makers by telling them they must
do their betting there or not at all. as
occurred at the fair last year, the chief
and all his policemen can be told to go
chase Themselves County officials can
be told to do the same thing. and
ditto for the attorney general and his
cohorts.
r. L. Cofran. mayor, is responsible
for this discovery. The experiences
of several Topeka citizens at the races
last year were related to him q few
days ago. The mayor was informed
that ''bookies'' had been permitted to
operate in stand at the west Of the
SIanustand; That the mayors Chief OF
ponce mao been seen to stand in
front OF the stand and observe what
was gong on. anu then pOunce upon
two ',railUlr0s' VINO were betting be-
tween themselves but not patrOnlzing
the 'boOkies." and march them away
apparently under arrest. Later the
cn.ef WAS heard telling persons who
were betting that they must bet at
the place provided for such business.
foilcemen also acted along this line
and the police department was OF ma
terial aid in swelling the number Of
persons WHO placed their money with
the persons apparently having a gam
bllnk concession.
Law Permits 1t.
it was ala news to Mayor COtran. tals
Iirst step IN the matter was to have
w. c. t<aiston. city attorney, to look
up the law covering betting at horse
races.
The city attorney in his research
dug up very innocent section Of law
passed by the legislature Of 1903. 1t
is very cunningly worded to escape
the eagle eye OF any anti-gambling
crusader. Its intent Is very well dis
guised, but it permits betting on
horse races inside an enclosure OF
u race track" for two weeks each year.
The law reads as follows:
.Bookmaking: That any person who
keeps any room. shed. tenement, booth
or building. or any part thereof, or
who occupies any place upon any pub
lie or private grounds within this state
with any book, instrument or device
for the purpose of recording or regis
tering bets. wagers, or selling pools,
upon the result of any trial or contest
Of skill. speed. or power OF endurance
Of man or beast which is to be made
or take place within or beyond the
limits of this state, except within the
enclosure of q race-track and upon
races or trials Of speed being conducted
within said enclosure, Crowded That
the exception herein shall not apply 70
any race-track or enclosure Tor more
than two weeks in any one year," !,
The foregoing is less than half the
section, but the important part-tne
there. The rest OF the
law tells what is prohibited and pro-
vides penalty Of one year ar IN the
But the Jail sentence and fine do
not apply to race track betting.
What s'Encl0sure'' Means.
The only possibility of interference
with betting at Topeka's races rests
on the construction of the word EN-
closure" II this means only the
fence around the race track, then bet
ting in the grand stand and where the
book-maker's shed is. will be illegal.
But If the word enclosure" means the
enclosure to which an admission fee
to see the races is charged. then bet
tink in the grandstand and with the
"bookies' at their old stand is legal.
City Attorney Ralston holds that
OeCtlnR IN the &FduQStAuQ 10 AC6dAs
W. E. Atchison, county attorney, took
up the subject this morning. but
found it too deep to be ferreted out in
the limited time at his disposal and
SO requested John Switzer to assist
him. Mr.. Switzer was buried in law
books this -fternoon.
"As nearly as I can learn there Is
nothing to prohibit persons betting in
the grandstand." s
Mr.. Switzer found many ancient
laws prohibiting gambling of various
kinds, but the law just quoted is the
last expression of the legislature.
The supreme court in January of last
year squarely declined to decide wheth-
er or not this law repealed previous
laws in the case of the state versus the
Anthony Fair association. The SUI
preme court revoked the charter OF
the fair association, but in doing so
said in the opinion handed down that
its action was on moral rather than
legal grounds.
Before the races last year, it was
whispered that the authorities would
not interfere" As a matter of fact I'll
was not a question of choice with
them. They could not interfere with
any assurance of success.
But there was mo- law compelling pO-
lice OFFICERS to rustic business for the
book-makers.