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CONTROVERSY IN MONTANA GROUNDS ON WHICH OPPOSITION ATTEMPTS TO CURTAIL BUTTE MEETING. Dpinion of Judge Bourquin, Counsel for Complainants in Caso Against William Gemmell, Admits His Interpretation of Law May Not Bo Upheld. Butte, Mont., August 10. Those who have hcen ictive in endeavoring to bring the thirty-days meeting of the Butte Jot-key Club to a premature close by raising an issue as to the validity of bookmaking .since the fifteenth day of the meeting, are disappointed lieeause the racing is to continue with the ftiookmaking pending the hearing f the test case arranged lor next Monday. Some of those most rietive in opposition to the continuation of racing had an idea that they would be able to end the meeting when the. complaint was sworn out against Secretary William Gemmell of the liutte Jockey Club. It was part of their plan to make every effort to have the interpretation put upon tiie law limiting hookntaking by their attorney. Judge Bour-,iuiii, enforced as soon as the issue was formally jniised. pending ji ruling from the courts. They even talked of injunction procedings. hut this has not been attempted. Judge Bourquius interpretation of the Montana law regulating wagers on horse .races, as given to his clients in this case, is herewith given In part as follows: 1 "The first section of the law 11 sess. 122 makes unlawful in Montana all wagers oh horse races, unless made within an enclosed track whereou and tit tiie time the race is run. If that section stood tilone. the time when such wagers could be made would lie from day to day indefinitely. The second pection of said law is one of limitation. It declares Ihat when in any county of the first class for thirty flays in any calendar year, wagers have been made tin horse races upon any enclosed track. subsequent wagers upon horse races in said year are unlawful, inade within such enclosure. L "Is the intent of this law and of the legislature Jiat enacted it that wagers on horse races are law-fcj for onlj thirty days, though made on several 1 racks!, dr are they lawful for thirty days on each if several tracks? The law being penal, the object jvvns to restrict an evil and to punish those who violate the restrictions. Public sentiment, when the .Montana law was enacted, was to abolish the evil, to greatly restrict it. In answer to that sentiment lie legislature lirst fixed the date limit at fourteen !ir lays in any county. II. Sess. 22. They then intended it to allow thirty days in flrst-class conn-fles. ! "A reasonable construction of the law is that it Js intended to limit wagers on horse races in first-class counties to thirty days in any calendar year. Regardless of how many enclosed tracks may be set up for the purpose. It should he construed so as iiot to defeat its object. Clearly the evil aimed at was not racing and wagers too long continued within 1 single enclosure. It was not the purpose to compel .adjournment to another enclosure whenever racing iind wagers had continued for thirty days in any one enclosure. It was not the purpose to pass around racing and wagers. The purpose and object was to limit the amount of races and wagers that could be lawfully had within any county. Any other construction would be an evasion of the intent smd purpose of the law. It would be to say that a dJzen enclosed tracks could he erected side by side smd wagers on racing therein, one after the other at the end of thirty day periods could be made the year round. "The word such of the concluding words of Section 2, within such enclosure, should be construed to mean not the same enclosure as those earlier mentioned in said section, wherein hots had been made for thirty days, but any like enclosure. "It must lie admitted, however, that there is room for argument that the construction other than that accepted in this opinion is the correct one and the one the courts may accept. Construction of law is .not an exact science and men and courts often differ. On the bench of the greatest tribunal on earth the Supreme Court of the United States the judges .often divide, 5 to 4. "The conclusion herein arrived at finds support in the opinion of the attorney-general of the state of Montana, rendered about one year ago to the Jpoard of commissioners of Silver ISow County. "Since at the Driving Club wagers have been made on horse races for fifteen days this year it would wein that any made at the Jockey Club meet after lifleen days thereof will lie unlawful. The Driving Clubs track is clearly an enclosed track within the meaning of the law. The remedy, if the law is Violated, is to insist on the authorities of the county doing their duly, to arrest, prosecute, prevent. Should they fail to act. and they might if they honestly believe the law is otherwise than hereiti construed, an urgent appeal to the governor and attorney general to enforce the law should he effective. That the Jockey Club secured licenses for thirty ilays would help them none." In an opinion rendered to the county treasurer in May 25 on the occasion of an application of the Butte Driving Club for a license to race. County Attorney T. J. Walker said: "Your communication with reference to the right if the County Treasurer to issue a second poolselling icense for the calendar year 1011 to a party applying therefor after a similar license for the full lliirtyday period has already been issued for the rear 1911 has tieen received and duly considered. I all your attention to Section 2 of Chapter 92 of the taws of 1909, which provides that poolselling shall lot he conducted in the county for more than thirty lays in the calendar year. However, there is no iirovision in the law providing that a license shall ie issued only to one association or corporation. On .the contrary, I believe it is the tenor of the law that llie business of racing and the incidental business Jof poolselling shall not be monopolized by any in-J dividual associaton or corporation, so that in so far J as your reipiest is concerned I would advise that you are at liberty to issue a second license, provided, I however, it is understood that the licensees in both f cases he informed of the law in the premises and the duties with reference to wagering or hotting for a period of over thirty days, together with the liability to be incurred for a violation thereof." The opinion of Attorney-General Galen given to the board of County Commissioners, July 15, 1909, is as follows: "I am in receipt of your favor of the ninth inst.. requesting an opinion as to whether or not the county treasurer should issue a license to another fair and racing association, intending to open for business and conduct racing for thirty days immediately following the thirty-day race meeting now in progress in liutte. In your statement of facts you say that the people behind the new enterprise constitute a new association and assert the right to conduct thirty days of horse racing in the county, notwithstanding tiie fact that thirty days of racing may already have been conducted, by establishing a new track. tSection 2709 of the revised codes of 1007. deals with the subject of the licensing of such an enterprise, but says nothing concerning the length of time Continued on second page. CONTROVERSY IN MONTANA. Continued from first page. race meetings may be conducted in any county. However, by the provisions of Chapter 02, laws of 1000. page 121, regulation is made respecting the x length of time races may lawfully be conducted in any county and wagers made thereon. This statute "was intended to limit race meetings in any county to the time therein prescribed, and we do not feci at liberty to give you any advice permitting of a subterfuge whereby the express legislative intent may be avoided. "By Chapter 20, laws of 1000, page 22, which law was the lirst one passed by the legislative assembly upon the subject, race meetings were gencrally limitcd to fourteen days, but owing to the fact that through pressure brought to bear from Silver Bow County it was made to appear that that was not sufficient length of time for such contests in Silver Bow County, the law was amended to allow such meetings for a period of thirty days. "You are hereby advised that a license should denied the new association by the county treasurer, and any attempt at such evasion of our law should be prevented." Butte. Mont., August 10.; Formful racing was provided today, three of the public selections being returned winuers. The defeat of Berkeley in the chief race of the afternoon was a blow to the talent, as lie was backed extensively. Enfield was returned the winner, easily disposing of his opposition in the final running of the race. 11. G. Bedwell announced this afternoon that will divide his oxtensive string, sending Prince Ahmed and the better class members of His stable to the easteni tracks, while twelve of the cheaper ones will be raced over the Anaconda and Coeur dAIene tracks in charge of trainer W. S. Heath. W. S. Heath, trainer for C. W. Clark, has secured first call on the services of jockey E. McEwen. the most promising lightweight rider here, and with the horses at his command, Is likely to do well in this section. The Beloit Stable has been particularly unfortunate of late. The breakdown of Frank Mullens yesterday and that of Dennis Stafford today reduces tlieir string to a few moderati- performers. E. G. Movne has announced the sale of his entire stable at auction In the paddock at the race track August 15. In the lot are Chester Krum, Endymlon II., Parlor Bov. Whidden and Star Actor. Ilogan Kecno will also dispose of about eight of their string 1911.shjj2WP W sale, j c p n t y v v v t a a l"; be e :. - t. 0 be le re 10 r ir 10 s fg and
