Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1919-04-12
TO STOP COURTS
LICENSING GAMING
Residents OF Prince Georges
Claim That III Il No Busi-
ness OF The Judiciary
ARGUMENT OF LAWYERS

The effort of number of citizens Of
Prince Georges county. represented by
jackson II. Ralston and Frank HI
Stephens. 10 have The courts declare
illegal the law nnder which gambling
at horse races held III the county IL
permitted, under license Of the Cir
cult Court. has been placed upon the
docket Of the present term of the
Court of Appeals.
The case Is that Of Charles p Close
and others against the Southern
Maryland Agricultural Association Of
Prince Georges county. Maryland, and
Ii IS No, ~ on the docket The court
has heard argument in twelve cases Of
The April docket prior to its adjourn
nient until April 22. !, The case Is moi
likely To Il reached until about May
II. as the court declined To hear II ont
Of its regular order.
Under the law the circuit court may
permit forty days Of racing and at
tendant betting fiji Prince George 3
county during the year II has leen
customary to permit racing during
April and November at Bowie and III
August 1T Marlboro Az racing IS
now going on at Bowie under d per
init for IlfteeM days, granted | IL the
court. 1t Is probable that the decision
in the case will he made efore any
further permission to race.and ct Is.
given By the court of that circuit
The claim OF the petitioners is that
the granting Of the permits Is nom
judicial function. and. as such, pro-
nil Tied by the State Constitution This
position Is strongly supported Nv the
brief filed by Messrs. Jackson and
Stephens. Among other things. Il
says:
The peryeTsinn OF the judicial pow
.er which would Be involved ii the ac-
ceptance by the courts OF The duties
sought to be imposed upon them By the
Statute under consideration may be rs
Illustrated by IT'S possibilities OF evil
III the court ID TO net under the proyis-
ions of flaw invoked By the appellee.
Ii may be- called upon to settle not
alone the months and days when let
ting may be allowed to accompany
horse racing In Prince Georges cOun-
ty. but It may have 10 decide between
conflicting claimants for the same day
IT d contest should arise between the
Southern Maryland Agricultural As
sociation and the Honest Gambling
Horse Racing Association lto
imagine corporation as to which
should race from the first to the If-
teenth Of April. the Court would have
Ito settle In whose favor the positive
mandate of the law should be waived.
and to whom the privilege of race.
track gambling had better be awarded,
If the two associations OF any nurl-
Ler 81 like associations come into con-
fsict as to who shall enjoy the nfteen
days III any one month during which
racing may lie allowed. the Court will
have To dispense It's faYOrs. which act
may scarcely tie termed judicial. Aud
the contest We have imagined has II 4
no element of unreaIity The next
session 81 the Prince Georges County
Circuit Court might well be called
upon Id decide conflicts Of this ma
Fture.
But II the functions OF the Court
are 10 extend ID the granting Of race
track gambling licenses, there IS no.
reason why they should not extend
very much further Cock lighting IS
objectionable to the laws of Maryland.
hnt thoae interested In breeding game
cocks believe that their work develops
birds III superior courage, and the next
Legislature may thus place this sport
with It's concOmitahf element OF