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TEXT OF NEW ORLEANS DECISION. The text of the decision of Judge Skinner in the Civil District court at New Orleans, dismissing the suits demanding a receiver for the Business Men*s Racing Association, is available for publication. Miss Jean Gordons petition asserted the association was organized to conduct a business contrary to law and good morals, gambling being the real intent of the races. Judge Skinner decided that the criminal courts are alone vested with the power to pass upon the merits of Miss Gordons charge. Alfred Page, who was for two years assistant secretary of the association, charged in his petition that the board had mismanaged the affairs of the association and had voted its members compensation. Judge Skinner held that Page was without power to file the suit, as lie holds only one or two shares of stock and the law gives that power only to holders of ten per-cout. of the capital. Judge Skinners decision was couched in the following language: "Article Hits of the constitution says: Gambling is a vice and the legislature shall enact laws to suppress it. "This is a specific grant of power to that body, and the courts are without power generally to define what is gambling or to extend the penalties, fixed by statute, for gambling. "The court is without power to extend the •■numerated causes for the appointment of receivers beyond those set forth in act 145. of 1908. either for the gambling features of a corporation, or to in-increase the penalties attached to the violation of a criminal statute, by adding thereto the further penalty of apointing a receiver. "This court is without jurisdiction to find that the Locke law has been violated and that, therefore, the directors have acted ultra vires. That function belongs to the Criminal Court exclusively. "In the Page suit the cause of action is recited to be the wastage of the funds of the corporation by payments to improper ] ersons in violation of the rights of the stockholders. "Page, however, is the holder of only two or three shares of the capital stock. "This is not one of the enumerated causes for the appointmnet of a receiver. Plaintiffs remedy, if any, and if properly before the court, would, as indicated by the corporation act. section 19 of act 267. of 1916. which provides that stockholders holding not less than ten per cent, of its stock may vest the court with jurisdiction for the purpose of regulating the conduct of directors and to compel payment by them to the company of all moneys wasted by them in violation of their duties as directors. "This being the remedy in such cases, the court will hold that the application of Page for a receiver shows no cause of action. Suit is dismissed."
