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DECISION RENDERED IN COLUMBIA CASE. Supreme Court of South Carolina Dismisses Proceed- 1 ings Against Race Track. Columbia. S. C. January 8.— The Supreme Court today dismissed the proceedings instituted Decern- I her 8 to show cause why the racing promoters shoold i not be enjoined on the groans! of bavins; inaiiuain.il a nnisam ■•. in permitting betting to be carried on at t the track while the races were run. CoL I*. 11. Nel - .ii and Mr. V. S. Ni |s,,n. of the linn of Nelson. 1 Nelson ,t Gettys, of attorneys for the race meeting a promoters, argued the motion to dismiss the rule, i while Assistant Attorney-General M. P. DeBrahl np- I pesred for the state, opposing the dismissal of the i rule and asking thai aa injunction be granted. The answer to the rule was made by .1. W. Rico. , , A. N. Kind. A. T. Ileise ami C. J. I.iieh. of the Columbia Bacing Association; K. V. Armbroster, the alleged bead of the "bookmakers," and J. M. Cantey, the secretary of the State Fair Society, the latter the owner- oi tin- ground where the raei - were held The substance of the answers of these parties holds that, as the races have stopped, the alleged nuisance, which th".v deny to hav been a nuisance, has bees abated and that therefore there is nothing for tic e.utrt to consider. The "fair Society denies anj knowledge of anj nnisanci and states that they rent ed the grounds to . .1. Lynch for one month for the sum of ,000, and that they were not parlies to any of th, alleged conditions at the race track. Attorneys for the racing promoters stated that there was an agreement between the promoters and the Attorney general, that if the races should be stopped mi December 30 that there would he as ground for a hearing on the rule to show cause, and Colonel Nelson pointed oat that in compliance with tin- agreement the races wen- ended on December 30. Instead Of .lannary ii. the date originally set as the time when they were to end. Assistant Attorn i General DeBrahl -aid that the Attorney General did ii" understand thai any such agreement had bet u made, but argumenl on this point was ended by tin court eaBiag attention to the rales that all sack agreements most be submitted in writing. The main point on whii h the attorneys for the respondents asked that the rule he dismissed was thai the races had ended and that if I common nuisanc" had been maintained, in permitting netting to be can led mi at the track wans the races wen- iii progress, Which they denied, that it had been abated, since the lines had ended aud that there was nothing to consider by the court. Authorities for this position were cited by the attorneys, Messrs. Nelson ft Nelson. In opp ising this point, Mr. DcBrtthl contended that the races bad ended — on the ere of the hearing and this would not prevent an injunction being is sued against tnem and cited rulings of the Supreme Court in the "blind tiger" Injunction proceedings to sustain his position. In other words, his position Was that the race- were ended on the eve of tin hearing in order for their side to be in a position i. say that, the alleged nuisance having abated Itself. there was nothing to consider by the court, and. therefore, an Injunction could not be Issued against something which doesnt exist. It will he noted that the meeting promoters held that the races were ended on December 30, In accord ance with an alleged agreement with the Attorne] General, and not to dodge the injunction proceedings as alleged by Hie position of the state. Colonel Nelson, ill reply to a question of the court, stated that they would be willing for the rule to be dismissed with the costs up to the present to be paid by the respond nts. the racing promoters. At one time In the argument Mr. Be Bruhl, in replying to a stat. in. in by the opposing counsel rela tive to the injunction proceedings being pushed against the Columbia promoters in order to bare some effect on the Charleston race meeting, said that he knew nothing of any proceedings against, the hail "-toil racing. The hearing took place last week and in its decision rendered today the court held thai the respoo ileni- had shown in -rood faith .hat the alleged nul -aii.e complained of had been abate, |.
