Judge Reserves Decision: Mineral Springs Injunction Suit Is Heard At Michigan City.; Because of Important Points Involved, Judge Tuthill Takes the Case Under Advisement--New Set of Entries Provided., Daily Racing Form, 1912-10-25

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JUDGE RESERVES DECISION MINERAL SPRINGS INJUNCTION SUIT IS HEARD AT MICHIGAN CITY Because of Important Points Involved Judge Tuthill TuthillTakes Takes the Case Under Advisement New NewSet Set of Entries Provided Michigan City Iiul October 24 Arguments in Iho proceedings of the incorporators of the Mineral Spring Jockey Club for an order directing the removal of the Indiana militia from their race track near Porter were heard today by Circuit Judge II P Tuthill The petitioners among other allega ¬ tions set forth that the state had quartered troops in the race track in a time of peace in violation of the Constitution of the United States and the State of Indiana and asked that the court decree that he soldiers be directed to be removed from tlie track anil IK enjoined from returning pending further and final adjudication i f the issues involved involvedAfter After hearing the arguments Judge Tuthill saM there are one or two matters in connection with the cafe upon which he is in doubt One of them is tile clause in the constitution of the 1nited States which pays that troops shall not l e quartered In a mans house in times of peace as to wlio controls that question the court or the executive depart ¬ ment On account of the gravity of the principles involved he then announced that he would take th case under advisement until his mind was made up Whether he will be1 ready to announce his decision loday or not cannot even l e surmised with any Approach certaintyThe to certainty The proceedings were ex partc the state not being represented by counsel counselThings Things went along at the Mineral Springs track yesterday much as on the other days since the militia took charge No attempt was made to rim off thy card provided for yesterday and u new eard was made up in anticipation of the resumption of Jlie races today todayThere There were further shipments of horses from the track to Latouia yesterday but a considerable number of hoises are still quartered there Not Jccrf w re 5erv d on Major Freyerriiuth Cap lain Khnball and Captain Healy of the Indiana National Guard officers iu command of the two companies of state troops that are now guarding lh race track that the injunction proceedings would be heard Major Kreycrniuth Is reported to liiave said after being served My duties here would not permit me to go to court There is no on tempt in the case the notices being merely information that the hearing was on and we could


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