Delmars Troubles, Daily Racing Form, 1901-09-07

article


view raw text

DEL MARS 1 ROUBLES. Concerning Thursdays development in the case against the Delmar officials and bookmakers the Bt. Louib Bepublic of yesterday said: "The officers of the Delmar Jockey Club acting under the advice of their attorneys, refaed to accept service yesterday for themselves and bookmakers of the citations for contempt issued against them by Judge Zachritz for disobeying bis Older restraining bookmakiog and poolselling at the Delmar race track. Sheriff Dickmann will make a report to Judge Zachritz this morning. "Speculation is rife as to what course Judge Zachriz will pursue. Attorneys differ in regard to the matter. The contention of the attorneys for the Delmar people is that Judge Zachritz jurisdiction does not extend beyond the city limits and that the sheriff of St. Lonis can only act as an individual beyond the city line. "The contention of the attorneys representing the Attorney General, who brought the suit to have the licenses of the bookmakers at the Delmar track revoked, is that the Delmar track, being partly in the city and partly in the county, is under the jurisdiction, for the purposes of the present acton, r f the city and I COKTIK0ED ON SECOND PAQB, DELMABB TBOUBLES. Continued from First Pag. county. They argue that the act of racing for which the bets are made, under the licenses, cannot be performed, under the circumstances, in the county alone, hence the city assumes jurisdiction. I "Other attorneys agree with this contention, ! and state that Judge Zachritz has power to issue a writ under the circumstances, UDder J which the sheriff can arrest the party against whom it is issued in any part of the state. Or-; dinarily in cases of this kind, where there is no question of jurisdiction this is the case. j "8herif Dickmann arrived at the Delmar track about 3 p. m. yesterday with two cita-1 tions. He was accompanied by Deputy Beija-min Heet. They were m t by C. A. Tilles, a director of the Delmar Jockey Club and a large stockholder in the association. Sheriff Dickmann informed him of his business. Mr. Tilles took the officers into the clublhouse.where they were joined by S. W. Adler, president of the Delmar Jockey Club, and other officers of the club. Mr. Adler said he represented all the defendants. "Mr. Tilles said, before accepting service, they would consult with their attorneys. If the attorneys advised to accept service", he said, they would do so ; otherwise they would not. "He communicated with their attorneys in St. Louis by telephone and was answered by Judge H. 8. Priest. He told Mr. Priest that the officers were there to serve the citations and asked what should be done. When he had received Judge Priests answer, he told Sheriff Dickmann that Judge Priest had advised against accepting service. "Sheriff Dickmann then called up his attorneys, Johnson, Houts, Marlatt and Hawes. Mr. Johnson answered, and the sheriff acquainted him with the situation. Mr. Johnson told the sheriff to make an attempt to serve the citations, and if the parties would not accept service to make report of the matter to Judge Zachritz. "Sheriff Dickmann and Deputy Heet then offered the citations to the defendants, but tbey refused to accept them. Sheriff Hencken, of St. Louis county, was pres-nt and told Sheriff Dickmann that if he would give him tha citations he would serve them. He said he was the only person authorized to serve the writs. "Sheriff Dickmann declined the offer, holding that he was charged by Judge Zachritz to serve the writs and did not think he was authorized to allow any one else to do so. The sheriff and his deputy returned to St. Louis."


Persistent Link: https://drf.uky.edu/catalog/1900s/drf1901090701/drf1901090701_1_3
Local Identifier: drf1901090701_1_3
Library of Congress Record: https://lccn.loc.gov/unk82075800