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LAW IS UNCONSTITUTIONAL. SO DECIDE TWO JUDGES AFTER TRIALS OF TEST CASES. Question is Now Up to Supreme Court of the State Turfmen Are Jubilant Rev. Thompson Talks. Nashville, Teuu., January C. Tennessee turfmen are jubilant tonight. Following the decision of Judge Richardson at Shelbyville yesterday. Judge Hart in the Davidson County criminal court this afternoon put another nail in the coffin of the Rice-I.igou anti-betting law when lie declared the act of the last legislature unconstitutional and quashed the indictments which had been returned under It against William II. Hayes and William Gcrst, Jr. To test this law, which becanle effective December 1 last, racing at Cumberland Park was advertised for last Saturday. Five horses were carded. William H. Hayes took out a license as a bookmaker in keeping witli a former act. He put up his slate in the ring and in the presence of a crowd of about 100 persons accepted wagers. William Gerst, Jr., bet him against 0 on one of the horses. The race was started by Fred Gerhardy and judged by A. Brown, the owner of a big stable of horses here. The Grand Jury on Tuesday returned a number of indictments, among them one each against Messrs. Hayes and Gerst. Their cases were called before Judge Hart in the criminal court on Wednesday and a motion made by Attorneys Anderson and Mc-Counico to quash tiie indictments. This was objected to by the state and Judge Hart fixed the time for arguments at four oclock this afternoon. The arguments were made by Attorneys Anderson and Mc-jCoiinico. fqr , the. etoidansandAttpjqeGepjejal. Pricefor tbestate. It took Judge nart just one minute to render his opinion. This is what lie said: "I sustain the motion to quash the indictments against the defendants. The law conflicts with the constitution of the state of Tennessee and is therefore void." An appeal was taken to the Supreme Court. Memphis, Tenn., January 5. Judge John E. Richardson of the Circuit Court at Shelbyville. in a decision handed down late yesterday afternoon, holds that the Rice-Ligon law, prohibiting betting on horse races, passed at the last session of the Tennessee legislature, is unconstitutional. Judge Rich ardsou bases ills decision on the fact that the subjects covered in the body of the bill are not in keeping with the caption of the act that the body of the bill is broader than its caption. This is expressly prohibited under the constitution of Tennessee. The case will now go to the Supreme Court aud it is the general impression in legal circles that Judge Richardsons decision will be confirmed. Memphis Jockey Club members are highly elated over this blow to the anti-betting bill, but will not make auy announcements until the Supreme Court has passed on the constitutionality of the bill. "The matter or announcing stakes and making plans for the coming spring meeting will probably be considered by the directors of the club at their next meeting," said Secretary Macfarlan today. "Of ourse. I do not know what they will do. The matter will be for them lo decide. It is taken for granted though, that nothing will be done until the Supreme Court has passed on the law which Judge Richardson declares is unconstitutional." "If the Supreme Court upholds the lower court in the decision that the racetrack bill is unconstitutional, it will only mean that the issue will be carried into the next session of the legislature aud you will find men falling over themselves to introduce another bill that will Increase the penalty for violation," said the Rev. W. E. Thompson, who was largely resjionsible for the passage of the act that is now lefore the courts. "We will send a brief to the Supreme Court, and the opinion ought to come from the court at its present sitting at Nashville," continued the minister. "If the Supreme Court does declare the law unconstitutional, however, it will not cut any figure with the case, lecause the punishment will be increased in a bill that will stick. All of the candidates for governor will lie asked to say where they stand on this measure, and it will be an active part of the state campaign. If the act is sustained by the court, it will be amended at the next session so as to make the punishment in line with that for other gambling offenses in Tennessee."
