New Orleans Racing to be Litigated, Daily Racing Form, 1916-03-08

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; 1 . 1 ; i 1 * NEW ORLEANS RACING TO BE LITIGATED. New Orleans. La.. March 7.— A bold move by those seeking the downfall of the Business Mens ltaiing Association, will be made when Miss Jean Gordon, as a stockholder and represented by six attorneys, will tile in the civil! district court a petition asking that a receiver be named for the asao-ciation. Tlie grounds 1111011 which the petition will he tiled are thai the association is operating in direct violation id" the law. engaging in a business not allowed by its charter and exceeding its charter by running a betting rinu. She al-o may ask for ail injunction to prevent the directors from continuing these violations through the maintenance of stakeholders. Thi- i- the manner in which Miss Gordon replies to the graaaj jurys recent exoneration of the a-BorJntion. There is no avoiding the matter coming to an issue before the supreme court, which is iu-t what those who are fighting the racing waul. The two shares 01 the associations -took Miss Gordon admits holding originally were issued to Joe Bitteaberg, popularly known as "Dade Joe.* it pawnbroker at Tulane avenue and Rampart street. A few days ago "Uncle Joe sold the share- foi 00 each, endorsing them in blank and thought no more of the matter. The surprise came when it was learned that they had been purchased for Mis-Gordon, secretary Of the Citizens League, and one of the leaders in Hie onpi -it ims forces. M 1 — Cordon raised toe money -eeretly by subscription among her supporters. President aleanysoa admitted Miss Cordon had made application to the association to have tin -1 ck transferred to her name. Legal experts declare that in most Jurisdictions, it is perfectly clear that a person may become a stockholder in a cor-1 p rition for the express par pose of suing for a r eeiver for it and thai by -o doing, such a one does rot lose the right 1 f action, but i- allowed to pro-peed .1- could aaj other bona tide stockholder. Aware of this. Miss Gordon obtained the two -hare- in quest! n. thereby placing herself legally in a position that will enable her to take .-itch action and force the question over the heads of local jurisdiction and to an issue. Thomas F. Farlow, collaborating with live other attorneys, two ot whom an Boloaaon Wolfe and Robert H. Marr, will coaidaet the case for Miss Cordon. Mr. Fuihw has prepared the petition, a copy of Which has been sent to each Of toe at torneya in the rase, for the purpose of getting a consensus of opinion. The contention is that all forms of betting and rambling ar.- contrary to lioth the lettei and spirit of the Locke law and that even a stakeholder i-a "device" prohibited by law. The petition will 11. d directly charge the association with actually promoting gambling on the horses, but will base it- claim upon that part of the Locke law which com ei 11s the encouragement, aid ami a — .stance of -i.h promotion. The contention will be that the stakeholder i- a "device** prohibited by law.


Persistent Link: https://drf.uky.edu/catalog/1910s/drf1916030801/drf1916030801_1_4
Local Identifier: drf1916030801_1_4
Library of Congress Record: https://lccn.loc.gov/unk82075800