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JUDGE TUTHILL RENDERS HIS DECISION Refuses Injunction to Mineral Springs Jockey Club on Ground He Has No Bight to Interfere Judge Tiithlll rendered his decision in the Mineral Springs Joekev Club case at Michigan City yester ¬ day anil as was to be expected It was adverse to th thr r eliib Brielly he held that the court had no right to interfere with the governor in the discharge of what the latter conceived to be his duty as chief executive of the State of Indiana In stating his I osition on the constitutional question raised as to Hie power of the states chief executive to call out state troops when there were no threats of disorder at the race track the court said that it seemed to be his duty to inquire as to what power the judieinrv had if any over the executive be HIIKC lie explained if the court had 110 power to interfere with or inquire into or control the acts f the executive the inquiry summarily must close Tlie court cited the section of the state constitution which declares that the governor may call out the military forces of the state to execute the lavs nud held that this authority was conclusive that the judiciary had no jiower to control the governor of Indiana in the discharge of such duties as are executive and jnirelv ministerial ministerialThis This clause leaves with the governor power to call out the national guard to enforce the laws when it is deemed necessary and to refuse so to do when lie deems it unnecessary He is expressly clothed with discretion Ill discretion is final and this eourt cannot Interfere with that discretion without Itself violating the article of the eonstitu tlou whieh divides the government of the comruou wealth into three separate departments departmentsCompany Company M of tbo National Guard h 3 left the track for a inarch overland to their headquarters in South Bend leaving Company E at the track where it will remain until ordered away Owners at the track are preparing for departure and if the promised settlement of arrears by next Tuesday comes oir all will soon be on their way to less turbu ¬ lent scenes of action As to the future one of the track owners is reported to have said last night We expect to have racing at our plant again next year We will have a new governor and we also expect to have a decision from the United States Courts which will show how far the present execu ¬ tive has exceeded his authority We do not proposo to abandon tho plant we have built In Porter County by any means Executive anarchy has prevailed but we feel certain that things will be different when we open tip next year yearAt At Valparaiso Friday afternoon by order of AttorneyGeneral Honau Assistant Prosecutor Ba tholoniew withdrew the application for a permanent Injunction to restrain the Mineral Springs Jockey Club from conducting races at the Porter track It was explained that in view of the prevention of thi races by the militia the necessity for obtaining an injunction existedIt to close the track no longer existed It is expected that Marlboro Mil will be the des ¬ tination of the bulk of the horsemen who remained at Mineral Springs when the decision to ahandor the meeting was announced The promoters of the meeting it is understood are making a special effort to induce the horsemen to ship to the Maryland course where racing is scheduled to begin November lJ cud continue for ten days
