The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-09
RACE RULING
IS EXPECTED
LATE TODAY
Judge Hears Plea of Dog
Track Attorneys That
Donations Are Legal.

Final ruling on whether the
donation system" of betting pro-
posed by operators of the Indiana
Kennel Club Ltd, comes under the
scope of Indiana's gaming statutes
was expected from Superior Judge
James M. Leathers late today, fol-
lowing two hours of arguments
starting at 2.
The statutes at issue cover
gaming" keeping a gaming
house" and visiting gaming
house."
The court this morning heard ar
guments on the clubs petition for a
temporary injunction to prevent po-
lice and deputy sheriffs from inter-
fering with lawful activities at the
dog race track on the Allisonville
road.
Prosecutor Judson L. Stark was
not opposed to issuance Of the tenn
porary injunction provided its word
ing is similar to that in a restraining
order, amended Saturday to give po-
lice power to make arrests.
One Nights Freedom
AS originally issued, Police Chief
Claude M. Worley and Sheriff
George L. Winkler interpreted the
restraining order as preventing them
from arreSting track operators on
gambling charges at the track last
Friday when the donation system"
enjoyed one nights freedom.
Contending that the track IS
operated under private ownership
ito entertain the public" Earl Cox,
attorney for the promoters. objected
to police and deputies as tres
passers.''
"All we ask is that ne be freed
from thel presence of uniformed
officers, who are menace he said.
"We want them kept from being
stationed in anticipation We are
about to violate the law.
Declaring he would like to see
authorities pay attention to their
own business" the promoters at
torney added; And if they think
we are violating the Law. let them
file affidavits; III beat each of them
before juries of the best citizens
of the county"
Cox argued that "any court that
rules In this case will have to
infer the law is being violated for
there are no laws applicable on the
statute books
Officials Are Witnesses
Worley. Winkler and Coroner
Charles II. Keever we're witnesses.
The chief OF police related that
he told Ralph Lanius and Frank
Young. two of the tracks hackers,
Friday night, that he would con-
f1scate their racing apparatus, in
cluding the rabbit. if betting was at
tempted.
Sheriff Winkler told of losing a 81
bet Friday night, and on cross
examination by Cox said he did not
ask for his money back and had
not read the donation" envelope
agreeing to make refund If de-
manded.
Coroner Keever said he made 81
profit on a IS bet and admitted that
he made the bet with the under
standing he was making a dona-
ton to the club"
Since amendment Of the first
court order. the betting booths at
the track have not been opened.
John J. Darmody, treasurer. an
nounced that no attempts will be
made to open the Investment sys-
tenn Of betting until all court action
is out of the way.
Damage Suit Filed
feathers also has before him a.
$4,000 damage suit filed by A. c..
Baxter and Ralph Lanius, track
managers, against Worley and
Winkler. The suit charges that
Worley and Winkler and their sub
ordinates "trespassed on the clubs
property without authority.
Approximately TOO persons were
at the track Monday night, most Of
them openly making bets in private
groups.
No effort ras made to open the
cashiers booths.