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BOTH SIDES DETERMINED CONTROVERSY OVER MONTANA BETTING LAW LIKELY TO REACH SUPREME COURT. Test Case Against William Gemmell, Secretary ot? the Butto Jockey Club, Scheduled to Como Up for Hearing in Justice Court on Monday, Butte. Mont., August 11. Tlie Supreme Court of Montana will finally he called upon to pass upon the Montana law regulating betting on horse races. Both sides to the controversy now going on as to the proper interpretation to be placed uion the provision of the law limiting the numlier of days during which wagers may legally be made announce a determination to carry the matter to the court of last resort. William Gemmell, secretary of tlm Butte Jockey Club, who figures as the defendant In the complaint, brought on behalf of the Butte Driving Club to test the law, will appear before Justice of the Peace Walter Furlong on .Monday next for a hearing. Judge Bourquin, who has been acting as counsel for those who have been seeking to curtail the Butte Jockey Clubs meeting, will act as special prosecutor, by arrangement with County Attorney Thomas Walker, who himself takes the view that the Butte Jockey Club, may race thirty days each; year, regardless of what racing there may be in this county within other racing enclosures. It Is improliahle that the proceedings in the case wilt any way alTeet the present meeting of the Butte Jockey Club, which is scheduled to close on August 22. Racing was continued today under favorable conditions, the attendance being above the average. The success of two heavily backed favorites and two second choices gave the public an even break on the afternoon. Jockey Kederis carried off the saddla honors of the day by winning with Ethels and Doc Allen, each of which attracted heavy support in the ring. Nineteen liooks cut in. establishing a new record for the track, George Rose being the latest acquisition. II. I. Wilson toda- denied emphatically the rumor that there would be a meeting at Salt Lake City the comiug fall, it being deemed inexpedient by Simon Bamberger, president of the Lagoon Fair anil Racing Association, to hold the meeting despite the urging of his fellow directors. 4 Jockey C. II. Miller incurred the displeasure of starter Dwyer to tlie extent of suspension for the rest of the meeting for disobedience at the barrier on Fore in the third race.
