Florida Racing At Stake: Constitutionality Of Law Attacked In Libel Case Of Mrs. Gilmore.; Counsel for Woman Accused of Maligning Moncreif Park Officials Raises Point That May Make Trouble., Daily Racing Form, 1910-03-04


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FLORIDA RACING AT STAKE CONSTITUTIONALITY OF LAW ATTACKED IN LIBEL CASE OF MRS GILMORE Counsel for Woman Accused of Maligning Moncreif MoncreifPark Park Officials Raises Point That May MayMake Make Trouble Jacksonville Fla March 3 The preliminary hearing in the case of Mrs Laura Oilmore charged with criminal libel in having circulated pamphlets containing defamatory charges against officials of the Florida Live Stock and Agricultural State Fair Asso ¬ ciation came up In the Municipal Court here this morning and developed a phase which may operato to end racing in the state of Florida as at present conducted The constitutionality of the law allow ¬ ing fair associations to operate poolselling and mak ¬ ing it a crime punishable with a line of 1000 or one year in jail for any person to do so was attacked by the defense The argument made by attorney N P Bryan and his conduct of the case all hinged upon these points Evidence was produced which showed that a few of the objectionable circulars were distributed distributedAttorney Attorney Bryan revealed early in the case that he was making no attempt to prove that Mrs Gil more was not guilty of having printed an alleged libel but that his defense would be based upon the contention that libel Is not libel when directed to ¬ ward any business which is Illegal His efforts to bring out facts in regard to bookmaking showed also that he would attempt to prove that the charter ond statutes mule which the racing association was operating provided for poolselling and that the making of books Is not poolselling lie contended that bookmaking is illegal because the statute pro ¬ viding for the conduct of a race meeting in the manner described is class legislation and unconsti ¬ tutional his contention being based upou a tem ¬ porary admission that bookmaking and poolselling are one and the same thing lie argued that 1C the law is unconstitutional the association Is Il ¬ legally operating nookniakiJig since the statutci ro vicles that fair associations shall have the right between the first day of November and the first day of May to sell pools upou races and the conten ¬ tion is that bookmaking is not poolselling Attorney llartridge who appeared for the associ ¬ ation argued that tbe constitutionality of the law did not enter into this preliminary hearing and that the facts showed that Mrs Gilmore had been guilty of criminal libel and should he held to await a trial in the Criminal Court Following Ills argument Jus ¬ tice Howell held IMrs Gilmore to await the action of the Criminal Court in May in the sum of 200 Bond was furnished and she way released releasedThe The defense revealed the fact that the fight to ho made In the Criminal Court may materially affect the future conduct of racing in the state of Florida Should the court decide that the argument made by attorney Bryan is based upon the proper legal in ¬ terpretation of the law it is asserted that racing with bookmaking will he doomed1 The case is cer ¬ tain to be hotly contested contestedThe The majority of the races run at Moncreif Park this afternoon furnished good contests Wellbacked horses split the card equally with the outsiders Tho track was deep and heavy and it took o sturdy liorse to run successfully In the twoyearold1 race It L Thomas uncovered a promising filly in iStariua which made all of her own pace and beat Blue Mouse a length in a gruelling finish The breeders purse went to os which won lay a half length from the oddson favorite Comedienne ComedienneII II D Brown in explaining the recent action oC the Southern Jockey Cluh In postponing action on the application of the Pensacola Racing Association for racing dates pending further inquiry into the finan ¬ cial stability of its promoters stated that it was not the wish or intention of the Southern Jockey Club to do anything that would injure Pensacola We took the application of Manager Bickers under consideration said Mr Brown and after thor ¬ oughly Investigating the stability of the proposed racing venture found that Bickers was the whole back ¬ bone and sinew of the concern We then decided not to pass favorably upon the application in its present form However we told Mr Clark who is inter ¬ ested with Bickers and1 the other gentlemen named on the roster of the organization that if he and his associates saw fit to guarantee Hie purses and the life of the meeting we would gladly grant dates AVo took the stand that it would be working a serious hardship on horsemen to allow them to ship their strings to an Incomplete plant with 110 guarantee of purses being paid Tills Is not in accordance with the plans and conduct of tho Southern Jockey Club Our aim is to perpetuate the sport in Florida and we will carry out our ideas in that direction at all haz ¬ ards It is understood that Pensacola conditions have been arranged to the satisfaction of the local turf governors and that favorable action will be taken on the Peusacola application for dates at a meeting of the Southern Jockey Club stewards to bo held tomorrow OTJ KIcIiardSTias returned ffoni Palm Beach and will remain over until after the running of the Derby DerbyC C S Wilson is expected from Juarez tomorrow with four horses Starter Mars Gassidy is also ex ¬ pected to arrive from the same iK int intSanford Sanford Lyne and Garrett D Wilson accompanied by a party of prominent Kcntuckians got in thin morning They came to attend the sale of P T Chiims horses which will he held in the paddock here on Saturday Auctioneer George Bain wiho will conduct the sale is also on hand He arrived fron Chicago this morning morningRaiuy Raiuy weather continues here making the track worse each day The going is fetlock deep although the best care possible is being taken of it and no horses are allowed on it except to race Horsemen are compelled to do all of their work on the sandy roads in the vicinity of the course

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Library of Congress Record: https://lccn.loc.gov/unk82075800