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TRY TO ENJOIN DELMAB The racing conflict at St Louis has been iranif erred to the courts a clrcamstanco that will prove profitable to various lawyers but not to racing The proceedings Wednesday are thai described at length In the Bepablic of yesterday The efforts of the State authorities to close the Delmar race track which resulted In the Issuance of warrants against bookmakers and others several days ago took another form yes ¬ terday and the matter was taken into the Cir ¬ cuit Court where an injunction was asked by Attorney General F C Crow to restrain the bookmakers claiming that the licenses under which they are operating were wrongfully ob ¬ tained tainedNo No order was made yesterday but the under ¬ standing is that it will be acted upon by Judge Zachritz today todayThe The AttorneyGeneral states that the licenses were issued by Stephen C Rogers a notary public of St Louis who did not have authority to do BO but that he had blank licenses in his possession bearing the signature of Albert O Allen State Auditor The licenses it is stated were issued to Joseph Carey Louis Arado W J Bruen Julius Leonard W D Sippy Stephen Pensa James C Mangan John Flynn 8 H Stephen C M Kyle George Ehrlich C A Bergman C K Lyman C W Bnrgeach and E C Bernero who are made codefendants with the Delmar Jockey Club Samuel W Adler its president Joseph E Martin secretary and treasurer and Louis A Cella and C A Tilles directors directorsIt It ie further stated that Carey and the others to whom the licenses were issued are employes of the Delmar Jockey Club and that the licenses were not wanted for them but in order that the club might let the privileges to professionals such as Frank Carr Herman Hoffman Max Gumberts John Wind Barney Schreiber and others othersEdward Edward M Fitzgerald and A W Adams who made oath as to good character of appli ¬ cants in the issuance of the licenses are also employes of the jockey club the petition states statesIt It it averred that no fees as required by law were paid into the state treasury and on Aug ¬ ust 16 when the state auditor notified the jockey club and the other defendants that he re ¬ pudiated the licenses he informed them that the money deposited with B P Williams had not been turned over and would be refunded refundedThe The sections of the law relating to book making and poolselling on race courses are set forth One section recites that the State Auditor may refuse to issue a license to any person to be used upon any race course after it has been in operation for ninety days in any one year Another section states that no license shall be issued for more than ninety days daysThe The licenses under which the bookmakers are operating allow the defendants to do business until September 28 next Sundays excepted The court is asked for a temporary restraining order to be made perpetual on final hearing and that the defendants be ordered to deliver the licenses to the clerk of the court for cancel ¬ lation lationThomas Thomas B Harvey and T J Bowe acted as the Attorney Generals representatives but Mr Crow was present when the matter was pre ¬ sented to Judge Zachritz ZachritzJohn John H Overall the jockey clubs attorney was also present Court was not in session and the natter was considered in chambers chambersThe The suit was filed at noon and Judge Zach ritc on returning from lunch heard the attor ¬ neys in his private office About 4 80 p m he announced that he would issue an order on the defendants to show cause next Friday why the injunction should not be granted no restraining order to be issued meantime Judge Zachritz changed his mind in a few minutes however and told Vacation Clerk E E Goebel that he would not take any action until today
