Louisiana Betting Cases: Supreme Court Refuses Writs Asked by the District Attorney Against Jefferson Park, Daily Racing Form, 1921-01-13


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LOUISIANA BETTING CASES Supreme Court Refuses Writs Asked by the District Attorney Against Jefferson Park. iHV J. 1. DP.MPSKY l MW OKLKANS. La.. January PJ. — Retting on horse race-, as conducted ai Hie Jefferson Park raee Mack, is not in iolatiin of the Locke law. The Supreme Court virtually so decided When on We.lne -d.-iv il refused to issue the writs if certiorari, prohibition and mandamus, applied for by District Attorney C. A. Bnchler of tie.- Jefferson Paris. i Distrid Court to compel] Judge H. N. Caiitliie-r of tii.it tribunal to annual his judgment snstalaing a demurrer filed by the gefenee. The decision of I he high court refusing to is-u.-the wiits wa- signed by Associate Justice Cbaa, A. OXeiU, chief .lu-r*- Prank Monroe and As-,.-ciate Justice- o. o. Prorooty. Associate Justice Soinmei villi- i- ill at !ii- I. me. Associate Justice Pen Dawkina did not in. The- refusal of the high conrl to hnme !ln- writs is tantamount to affirming tin- Judgment rendered by Jadge II. Oauthier in the race Hack case and lo all Intents and purpose- decides Bgainsl any •ind all further prosecution along similar lines. Among his other reason- for sustaining the demurrer fih-d by Pre • ! Middle-ton. attorney for Me-P.ride. Judge Gaathier held thai ■"the charge in the information specified in the bill of particulars" filed by District Attorney Bnchler do not een--tiiuie- any device enumerated, specified and denounced by the act. D would be most unreasonable to con-tru l.olcl that the lawmaker- intended to penalise betting on horse races. There can be no conviction of an act denounced, but not defined in the statute making tin- act a criminal offense." The Interpretation placed by lawyers upon the refaaal of the supreme- lour- to basse the writs applied for. taken in conjunction with the reasons for Judgment given by Judge- Gaathier, is that the high court concurs in hi- Judgment and thai there is aii answer to tin- ruestiou as to whether or not the betting a- done at the Jefferson Park track is within Hie law. They further point • ut thai -lie -Hie- iM-tting done at the Hack of tin- Business .Mens Racing As-o, iai ion is done after the same fashim.. the pros--. anions brought by District Attorney Man arc als,. disposed of, to all intent- and purposes.

Persistent Link: https://drf.uky.edu/catalog/1920s/drf1921011301/drf1921011301_1_8
Local Identifier: drf1921011301_1_8
Library of Congress Record: https://lccn.loc.gov/unk82075800