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« 1 . 1 I I I 1 , ARGUMENTS IN THE LATONIA CASE. L Judge Shaw Will Decide Whether or Not Streets Can Be Cut Through Track. The fight lietween Mayor F.arle of the town of l.atonia and the Latonia Agricultural and Mack Association, under which the Latonia Jockey dab holds its charter, reached the argumentative stage Monday. The petition of the association to enjoin tlie city of Latonia from removing a portion of the fence around the Latonia racetrack was argued before Circuit Judge Shaw at Covington. Ky.. by Harvey Myers for the association. .1. L. Lllison lor Mayor F.arle and Orlando 1*. Schmidt for the city of Latonia. Several months ago the Latonia council passed an ordinance providing for the improvement of certain streets, portions of which, according to the contention of the council, extended into the race track property. A portion of the fence and some of the stables stood on the land which the council eiaii 1 had been dedicated for sti-et purpose*. and in order t improve these the feme and stables would have to be torn down. The association ap plied for an injunction enjoining Ihe defendants lroni removing the stables or in any way inter fering witli the plaintiffs property. Mr. Myers, in bis argument, stated that the association purchased the property from Mrs. Jones in lssj and built tlie fence in ISs::; thai ap to that time property waa not inside of any incorporated town or city, and that even had the streets in ,|iiestiou been dedicated for that purpose prior to , that lime, the Indication would not hold in law. as there was no competent authority to accept and that leilicaliou could be made without an acceptance. He said that none of the streets bad ever been used Im that purpose, and that the cily of Latonia had deeded certain strips adjoin ing the racetrack pro|ierty to the association, and I that by these acta tlie city was estopped from , setting up claim to the streets designated. In MM George W. Jones platted the estate . of his wife ami in 1*71 had it recorded, signing r it himself. Mrs. Jones did not sign it. Mr. Myers ■ said that the sheets coiild not be dedicated without M-.s. Jones signature, as without her algaalUfe . no title to Ihe real estate could puss. For the city r aad Mayor Karle il was argued thai streets were r. designated in lots sold by Jones and his wife, and 1 that Ibis recognition of their dedication was siif Ideal t" make them valid. Judge Shaw took the . matter under submission.
