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TEST CASE IS PROVIDED COMPLAINT SWORN OUT AGAINST SECRETARY OF THE BUTTE JOCKEY CLUB. 3Iearing on Disputed Points of Montana Law Set Tor Monday Next and Racing Will Continue in the Meantime. Butte. Mont., August !. The controversy over the interpretation to be placed uinm the law limiting racing in Montana was brought to an issue today, when William Gemmell, secretary of the Butte hockey Club, was arraigned on a complaint charging liini with violation of the law which makes betting on the races illegal except during the period of thirty days in each year during which racing enclosures in this county are expressly exempted from the provisions of the law. By special arrangement and for the purpose of making a court test of "the Mints of the law involved in the controversy, Mr. Gemmell made a bet at the track yesterday in the preseneo of Comity Attorney Thomas J. Walker and gave into the custody of the county attorney as evidence the ticket which he received as a receipt lor his bet. The complaint against Mr. Genimoll was sworn out by Fr W. Grady, treasurer of the Butte Driving Club, an organization which conducts trotting races here. The case will come up for hearing in the justice court on Monday next and in the meantime racing will be continued as usual. Endymioii II., Eugene Moynes wonderfully jin-proved gelding, again demonstrated his worth this afternoon, being returned winner over the best milers at the track in the feature race of the day, u handicap at oue mile in the good time of 1:41 over a track that was mite slow owing to showers that fell intermittently. Favorites fared badly, only one finishing lirst. Wade McLemore. who has been at his Texas ranch since the Lagoon meeting, arrived today. For inconsistent running the further entry of Gene Russell lias been ordered refused. Jockey Warren has severed his connection with the Bedwell stable and will ride free lance in future. Frank Mullens, when running prominently In the tliird race, broke down so seriously that it was t first feared that it would be necessary to destroy-lie will he saved, however.