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TEXT OF MARYLAND DECISION Judge Harlan Decides Acts of Harford County Rac ¬ ing Commission Valid and Must Be Sustained Belair Md September 25 It was after a hear ¬ ing lasting four hours that Judge Harlan of the Harford County Circuit Court issued an injunction esterdav restraining the sheriff and other law olli cers from interfering with betting at tlie Havre de Grace race track Attorney General Poo and States Attorney Stiller of Harford County represented Gov ¬ ernor GoldslMirough who had ordered ISaltimpre police to the track in an effort to bring the racing to an end The interests of the racing association were looked after by its counsel Attorney Steven ¬ son Williams The text of Judge Harlans decision follows followsIn In his opinion Judge Harlan said saidThis This court has nothing to do with the wisdom of the Legislature The Legislature has seen lit to enact the law providing far a racing commis ¬ sion for Harford County and it has been duly approved and full force must lie given to it until in a proper manner its validity is brought into question and passed upon and in my judgment this cannot be done under this proceeding proceedingNor Nor ought the court to pass upon the status of the racing cominision under this hill which is against the sheriff alone aloneThis This commission has for months been professing to act as a valid body without objection on the art of any one and it has openly issued under the tenns of the act a license to the plaintiff plaintiffIn In the judgment of this court the body is at least a de facto one and its aers are valid as re ¬ gards third parties and it must be sustained If there are any objections to the law or the legal status of the commission there is a proper and orderly method of having those questions deter ¬ mined As the case is presented to me I shall direct an injunction to issue in accordance with tiiei prayer of the bill billNow Now as to what the granting of the injunction means meansThe The sheriff of Harford County and all persons acting by and under him are restrained from inter ¬ fering with the Harford County Agricultural and Breeders Association or its oliicers in the conduct of the Havre de Grace race meeting and from ar ¬ resting any person or persons engaged in taking bets or in bookmaking or bettuig ai the meeting meetingAs As to the validity of the act governing the ap ¬ pointment of tlie Harford County Racing Commis ¬ sion or the validity of the ommissions acts be ¬ cause of their failure to qualify within thirty days after the bill became a law Judge Harlan did not decide decideHe He held that the petition was only for the secur ¬ ing of an injunction to restrain Sheriff Clark or those acting under him from making arrests of those engaged in the gambling at the track and that was the one point he had to determine As to the com ¬ mission not lieiug required to qualify liecause the members were not civil otlicers he made no decision but as above stated he held that they were de facto oliicers and as such their acts with third parties were valid thus establishing the validity of the license issued to the racing association by the commission
