The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-10
JUDGE DENIES
INJUNCTION TO
RACE BACKERS
But Dog Track Men Claim
Court Restraining Order
Is in Effect.
VENUE CHANGE TAKEN
Promoters Start New Fight
for Decision Permitting
'Betting.'

Superior Judge James NJ. Leathers
today denied the petition of pro-
moters of the Indiana Kennel Club,
Ltd, for a temporary injunction to
prevent police and the sheriff from
interfering with betting at the new
dog track on Allisonville road
Instantly, however, the dog track
attorneys made a series of compli-
Gated legal moves which left them
with a loophole through which they
may eventually be able to legalize
wagering.
AS a result of today's maze of
technicalities Prosecutor Judson L.
Stark insisted there was no bar
to officers making arrests the mo-
ment the dog track men start open
betting under any form or name,
but Earl Cox, dog track counsel, as
serted that the temporary restrain
ing order which prohibited "unlaw-
full interference with lawful enter
prise" still was in effect.
Police Likely to Act
Even if Cox's contention turns
out to be correct, the dog track
would be poorly protected against
raids because the temporary re-
straining order was no bar to nine
automobile loads of police and dep
uty sheriffs who smothered open
gambling at the track two nights
last week.
Reduced 20 layman'S English what
happened this morning was:
/. Judge Leathers overruled the
petition for a temporary injunction,
holding Il am not convinced that
the plaintiffs have not violated the
gaming law in question. The plan,
or scheme, or method, used and pro-
posed to be used by the plaintiffs in
giving their exhibitions may be
merely a clever subterfuge, or adroit
evasion, or attempt, to evade the
gaming laws in question, or on the
other hand it may not be-"
2. Cox filed a motion to reinstate
the temporary restraining order and
a motion for change of venue from
the county.
b. 3. Prosecutor Stark filed a mo-
ton to strike out the motion foI re-
instatement of the restraining order.
4. Judge LeatherS refused TO rule
on either motion, declaring these
we're matters for the new judge to
handle
Venue Change Granted
5. Judge Leathers granted the
change of venue and the attorneys
agreed the case should go to Han
cock circuit court at Greenfield.
6. Cox announced that there
would be no attempt to reopen the
betting booths until the change Of
venue to Greenfield is completed,
which may be any time within fif-
teen days.
Stark asked Judge Leathers to
rule at once on his motion to strike
out the motion to reinstate the tenn
porary restraining order. The
judge said the statute permitted him
to rule or decline to rule and he
chose the latter and said, Il am
leaving town tomorrow"
Then Stark asked the judge if he
would stay on the bench long
enough to hear contempt proceed
ings against the plaintiffs The
judge refused, saying contempt pro-
ceedings could be filed in any SUI
perior court.
Cox contended that his filing Of
the motion to reinstate the tenn
porary order automatically put it
back into effect.
Charges Contempt
Stark contended there is no order
whatever on the books and went to
see Judge Leathers. He said
Leathers told him that all the orders
we're wiped out by his denial Of the
temporary injunction.
Stark said he was considering con-
tempt proceedings on TIE ground
that the plaintiffs had misinformed
The court when they declared in
their petition that there would be
no gambling at the track.
He said that the motion to re-
nstate constitutes, in effect, a re-
declaration Of this stand and the
state contends that the donation"
system Of betting in vogue at the
rack is open gambling. The re-
declaration of something the state
contends is an untruth would con-
'titute contempt in the opinion Of
he prosecutor.
Arguments on the petition for
injunction were heard
~ Leathers Tuesday.
Deputy Prosecutor Harry Cause
s investigating the method of SELL
ng interests in the Kennel club
md has conferred with the state
commission.