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GEMMELL CASE GOES TO DISTRICT COURT. Butte, Mont., August 24. The test of the Mo"ntana law governing race track betting is to be made in the district court. Secretary William Geymell of the Butte Jockey Club has waived his proposed preliminary hearing in the court of AValter Furlong and has been bound over to the District Court. Mr. Geininell was represented by an array of legal talent seldom gathered together. Con. F. Kelley. Harry Frank, William P. Carey and Carl Christian, all of Butte, together with W. B. Itodgers of Anaconda entered their appearance in the case as representatives of Mr. Gemmell. Deputy County Attorney Frank Walker appeared for the state. It is understood that the defendant will demur to tlie complaint on the ground that running thirty days of racing within a single enclosure in which there is betting is not n violation or the law. Judge Ceorge M. Bourquin will argue the law point involved for the state when the case is taken up in the District Court, having been engaged by lliofte who seek to test the law with a view of ascertaining just what are its limitations. It is altogether probable that the case will get to the court of last resort iu the state before it is Anally disposed of.
