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THE DELMAB SUIT. The application of the Attorney General of Missouri for an injunction to restrain racing at the Delmar track will be decided today. The case is one fraught with much interest to all turf men. Of the proceedings before Judge Zachritz Friday, Saturdays Bepublic said : "The Delmar race track will not be closed before next Tuesday, if at all. Judge Zachritz yesterday continued until that time the injunction proceedings brought by Attorney General Crow to have bookmaking and poolselling restrained at the track. He announced that he will give his decision Tuesday. "The Delmar Jockey Club and the other defendants filed a demurrer yesterday, and the matter was argued by the attorneys on both eides. Attorneys Harvey, Bowe and Attorney General Crow spoke in opposition to the demurrer, and Attorney John H. Overall and Attorney H. B. Priest for the jockey club and race track men. "Tholdemurrer recites: " That the court has no juriediction of the defendants or of the subject matter of the action, it not appoaring from the petition that i the offenses complained of occurred or will l occur within the city of St. Louis. " T hat the plaintiff has not legal capacity to , sue. " That there is a defect of parties plaintiff. COMT1KEKD ON SECOND rAGH, THE DELMAH SUIT. Continued from First Faga. "That there is a defect of the partieB defend-ant. - " That several causes of action have been improperly united. " That the petition dees not state facts sufficient to constitute a cause of action, " That there is no equity in the bill. "That the questions attempted to be raised by the petition are legal questions in dispute tbat should be determined upon a hearing. "Mr. OveraU spoke in favor of the demurrer. Ha was answered by Attorney Harvey, followed by Mr. Howe, and then the Attorney-General spoke. "The point of the arguments was based on tha allegation that the licenses under which the bookmakers are operating were not properly issued. The Attorney-General claimed the licenses under which the bookmakers are operating were surreptitiously obtained and that rendered them void. He alao claimed that the public good demand tbat the licenses be suppressed. He cited several decisions in support of his position. "Mr. Priest made the closing argument. He eaid he bad tried and failed to find consistency in the arguments which had been advanced. He referred to the damage that would be done to the defendants if a temporary injunction was granted, and that it should result that they were in the right. The time would have passed, he said, when the licenses could be need and the defendants wonld be out their money. The law, he said, does not contemplate the granting of a temporary injunction in a case where the damage dona would be irreparable in the event that the person enjoined was in the right. "Ha said the defendants had paid about ,000 as feeB for the licenses. "He was interrupted by Attorney Bowe, who eaid the petition denied that the money was paid into the Treasury of the State. "Mr. Priest said the allegation of the petition was a conclusion. The money had been paid, he said, and it would require a special act of tbe Legislature to refund the money to the defendants. "He said the licenses could not be revoked unless a tender of tha money was made and the money paid into court, and that the State Auditor cannot do. "Mr. Hows again interrupted him, and said tbat an offer to return the money had been made. " Mr. Priest said the fact the Slate Auditor made the offer did not make any difference, because he could not return the money. The State Treasurer, he said, is the only person who can return the money. Behind all that, he said, there is a motive, which dare not be revealed in the record. The Court, he said, hears it in the air. "He said the State Auditor exercised his authority when he signed blank licenses and gave them to his agent or deputy, and he cannot go behind that. "He said the allegation that the licenses were fraudulently obtained was insufficient, because it did not state wherein the alleged fraud existed. If the licenses are void, he said, those using them can be tried under the breeders bill, and fined. "Judge Zachritz told the attorneys to furnish him with a list of the decisions to which they had referred, and that he would lay the matter over until 10 a. m. next Tuesday."
