Thinks Law is Sufficient: Attorney-General Discusses Racing Situation in South Carolina, Daily Racing Form, 1912-01-13

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THINKS LAW IS SUFFICIENT ATTORNEY-GENERAL DISCUSSES RACING SITUATION IN SOUTH CAROLINA. Offers to Institute Injunction Proceedings Against Charleston Race Meeting if Proper Affidavits Are Presented to Him. Columbia. S. C. January 12. — "If the affidavits are presented promptly, containing the proper information that betting is being carried on at the Charleston race meeting. I will immediately institute proceedings looking to getting an injunction, for I am of the opinion that injunction will lie in such cases. said Attorney-General Lyon in discussing the-racing situation iu South Carolina following the action of the Supreme dun in refusing to grant the petition for an injunction against the Columbia Pa.jng Association, because ihe racing had ended. and if it bad constituted a nuisance, it had been aha i. d bj disc out Inuanc o. Those against whim the peution am! the rule to show cause iiad been issued were: A. N. Klr.-I. .1. V.. Rice, C. J. Lynch. F. W. Armbroster and A. T. Heise. and they, as the respondents in the matter, are to pay the costs. In additional returns filed in compliance with the order of the eotirt, 0. J. Lynch, for the Columbia Racing Association, the other two members, A. . Elrod and .1. W. Pice, having left the city for their homes in other parts of the country on January 1*. showed that the betting at the race track in Columbia, which they denied being a nuisance, had been abated in that th races had ended and the matter brought to a close, they showing this was done iu good faith. The court lock this view In dismissing thi petition and I be i u!- . A. T. Heise, in his return, showed that he wa* connected with the Columbia Racing Association. only to the extent of selling ti.-kc ts at the track. P. W Armbroster Is absent anil tin- first return b* filed denying that he was head of the liookiuukhie;. was allowed to stand. During the court moceraHlna in connection with the decision to discuss the case. Nelse n and Nelson. counsel for the racing promoters, contended that the rices had ended on December 38, and there was nothing for th nut ;o consider. They held that this had been done in good faith and contended that the petitioners, even while the races were on. if the conditions existed as alleged in the affidavits, had an adequate remedy at law. Attorney-General Lyon argued the cause for the stale, ami aske-d that the injunction be issued. taking the view that there was no assurance that these parties would sol ai sosse future date hold another race meeting, and that the same conditions would exist. The attorney-general stated in the course of his remarks that his information was thai betting was carried on each year in Connection wilh horse racing at the fair, and were the court to gran; the injunction asked it would have- a det-rrant effect on the alleg d betting on horse racing each year at the State Fair. Put the court took the view that the racing had be. ii ended, ami that if a common nuisance, had been carried on while the- races wire in progress, as alleged, i! had been abated, and that the promoters in ending im- racing acted in good faith. Whether .r,ty effort will be made- to enjoin the promoters of ihe Charleston racing is not known, but tin attorney -genera] is of the opinion that if In format ion to the effect that betting on horse racing i- being conducted at Charleston, an Injunction will lie against them, aad he- says he will bring the matter promptlj before the court if the proper aaa davits an- furnlsl ed him. However, tin fight against racing in South Care Una i- not likely to figure further in tbe courts, but w.il be transferred to the Legislature. The text of the ami betting bill Introduced in the Legislature ley Messrs. Osborne of Spartanburg, and Erckmann of Charleston, follows: ••Sec. 1. -Be it enacted by th.- General Assembly of the State of South Carolina: Thai any person within this slate- who engages in hi mug. poouelling or hoofcnaaalag, with or without writing, at aay t iii!-- or place : or any persoB, who ko [is or oeeu plea aay room, ibed, tenement, booth or building. float or vessel, or anj part thereof, or wl o.-upieis any place ol stand of any kind, upon any public * private grounds, within this state-, with hooka, papers, apparatus or paraphernalia, for the purpose of recording or registering bets r wagers, or of selling pools, ami any person wh.. records or registers bits or WSgers, Ol s.-lls poota or makes books. Willi or without writing npon the result of any Heal or contest of skill, speed or power of endurance, . ,i man or beast, or upon th-- result e.f :uiy political Domination, appointment or election; or upon the result of .-my lot. ehaaee, casualty unknown or -o;t tingent event whatsoever; or anv pe-.s m who receives, registers, records, or forwarda, or parporta or pretends t.. receive, regist.-r. record or forward. in any manm-r whatsoever, any money, thing or consideration of value, bet or wagered, or ottered for the putpose of being bet ••! wagered, ! y ••!- for anv other person, or sella i "ois. anon anj such result; or any per.-ou. who. being the owner, le«see or occupant of any room. shed, tenement, tent. iKioth or building. Boa I or vessel, ,,;■ pari thereof, e r of any grounds within th:- stale, knowingly permits -am- lo be- ii- d ,,: occupied ; * any of these pur- poaes, or therein keeps, exhihlta or employs any de vi-.-i- or appariu- i -i tbe purpose of recording or registering such bets ..r wagers, or the selling of such | is. ,,r becomeg tin- custodian or depository for gain, bin- or reward, of any money, property entiling e,t value-, -take.l. wagered i pledged, or to be wig. red ir pledged upon any such result; eir anv per on who aid-. ass|-is or nlc-ls iu anv maimer iu any ..f tin- -aid a.-!-, which an hereby forbidden, sii ail I..- .I.-, med guilty •■:" a misdemeanor, ami upon conviction -i.-til I. punished hj a tin,, not ex««ding one hundred cSiihii dollars, or Imprisonment not ox-i-c-e-eiiu- -i ii,. months, or both One and Imprison mi ii. in the- discretl n of the com t. "Section J. That tbe violation e r am- ,,; the provisions of the foregoing section shall bo deemed a . omn.oii nuisance-. Section ::. That thi- Act shall take effeel Isaase diatelj upon its approval bj -lie governor, ami ml • put- . : Act- Inconsistent with this ,-i an herebj repealed."


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Local Identifier: drf1912011301_1_7
Library of Congress Record: https://lccn.loc.gov/unk82075800