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ATTORNEY GENERAL BALKED CHIEF JUSTICE OF SOUTH CAROLINA SUPREME COURT UPSETS HIS PROGRAM. Denies Potition for Dismissal of Injunction Suit Against Columbia Racing Association, Brought for Purpose of Filing New Action. Columbia, S. C, December IS. Chief Justice Jones of the Supreme Court denied here today the application of Attorney-General Lyon for a dismissal of his petition for an injunction, against the Columbia Racing Association, which is set for hearing in the Supreme Court on January 4. The attorney-generals purpose in seeking to have the pending case dismissed was that lie might institute new proceedings based on affidavits: submitted to him on Saturday last, and on which he would seek to secure Immediate restraining orders to prevent further continuance of the racing at the Fair Grounds. The court held that the motion for a dismissal of the pending case was faulty, in that the Fair Association had not been served with notice, as had the other defendants. The assistant attorney-general who was representing his chiefs interests during the latters absence, admitted the omission, but contended that the Fair Association was not considered in the light of material defendants. In reply to this, counsel for the racing interests showed that the Fair Association had been paid 51,000 for the use of the track and that if the racing was stopped, the promoters would demand a refund of the money. The assistant attorney-general replied to this that no effort was being made to stop the races, but merely the operation of an alleged gambling nuisance on the grounds. It is now thought that the new petition for a restraining order will not be flled with the court, and that the racing troubles for the remainder of the local meeting arc ended. There is but little time remaining before the court adjourns for the holiday reason and it is not expected that the attorney-general will seek to secure a dismissal of the hearing set for January -1. Attorney-General Iyon, in a statement giving his position in deference to the recent postponement of he rule to show cause, said that it was his opinion ftaat an injunction,..would lie against the racing association if tile gtjjnTbUng which is alleged to be carried on at the races is proven by allidavits. lie stated; further, at that time, that the postponement was not in accordance with his wishes. It was at lirst thought that the postponement of the rule to show cause against the racing promoters meant that the matter would be left to the Legislature to deal with, but it is understood that the attorney-general is of the opinion that there is al ready sufficient law on the statute books to prevent any such betting or bookmaklng as has been conducted during the present meeting. The latest development held to favor the racing interests has buoyed the horsemen considerably and they are now sanguine that no further trouble will crop up here or at Charleston. According to General Manager Tons of the Charleston track, the troubles here have never had a bearing on the proposed meeting at Charleston, and he declares that everything will go along serenely at the new track. The return of lino weather served to bring out the full racing strength at the Fair Grounds this afternoon and made the sport enjoyable to the spectators and profitable to the public, as most of the winners were well backed. The sudden improvement shown by Our Nugget in the second race caused some adverse comment. She scored easily at long odds, whereas In a former start, while favorite, she had failed to be formidable at any period. The smart set put through a "good thing" in the fourth race when they backed Cu Bon to the exclusion of all the other starters. He won after a sharp stretch duel with Marmnara. An upset followed in the succeeding race when Bertis sprinted away from his opposition, with Horicon Just getting up for second place. Grenida was well hacked, but he was beaten off. Steward Nathanson served notice on the owners today that ho would not permit the promiscuous changing of riders and that if an owner should ride a poor jockey on a contending starter lie would have to continue his services at all times. S. W. Slreett tried to have Lindsay taken from Sea Swell and some more capable rider substituted, but failed to get the stewards permission. G. Meyers, agent for Edward Schlupp, of Berlin, Germanv, left tonight for Philadelphia to suiierin-trnd the shipment of a number of thoroughbreds which he has purchased in this country. The idea is to make steeplechasers of some of them and sell the others to officers of the German army for cavalry mounts. About thirty-five in all were secured at Lexington. Norfolk and Columbia. The first shipment, which will leave nest week, consigned to Antwerp, will be made up of the following: Kitty Fisher, Markham, Alice Virginia, Margaret Victor, Harry Sommers, Flo Flo, Orlando Lady and Cannon Shot. Steward Martin Nathanson issued some rulings after Our Nuggets victory this afternoon. Jockey Irwin, whose handling of the filly had been under investigation, was promptly suspended and Ambrose was restored to good standing. Irwin complained that Ambrose had cut him off recently and the latter was suspended for ten days. The investigation instituted by Mr. Nathanson disclosed that Ambrose was not at fault and the lad was told to again accept mounts. arrivals from the north There were a number of this morning. The Adrians brothers came from New York, while J. W. Iledrick arrived from Pennsylvania. Mr. Iledrick stopped at Norfolk on his way south to look over the horses he is resting there until the oixming of the Charleston meeting. Mad IUver and Miss Jonah are a bit lame, as is also Montgomery. Baby Wolf is doing extremely well and has lecn entered for all the sprinting stakes at Charleston. , . Jockey Olsen is again under Hugh Pennys wing. The lad immediately showed a return of the form he displayed earlier in the season by winning with the first mount that Mr. Penny secured for him, Bertis, which beat a fair lot of sprinters in the fifth race. ., The layers who have been operating hero are said to In; S25.000 behind on the meeting. The racing itself is being conducted on a paying basis, it is understood.
