Evening Republican, Volume 16, Number 256, Rensselaer, Jasper County, 25 October 1912 — WITHHOLDS DECISION IN RACING CASE [ARTICLE]

WITHHOLDS DECISION IN RACING CASE

Judge Tulhill Intimates, However, That Case is Beyond His ■ Jurisdiction. An opinion in the case of the Mineral Springs Racing Association against Governor Marshall and others, to prevent the defendants from interfering with racing at Porter, was withheld Thursday afternoon by Judge H. B. Tuthill of the superior court at Michigan City until he could give the subject more study. His desire for time in which to formulate the opinion was made known after arguments by A. F. Knotts, of Gary, and Grant Crumpacker, of Valparaiso, attorneys for the association. It is expected that the opinion will be rendered today or Saturday. The court stated, however, that he believed the case was beyond his jurisdiction and that the militia could remain on the grounds of the association as long as it wants to, so far as the court is concerned. Knotts made a vigorous onslaught on Governor Marshall, declaring that the state, not the petitioners in this case, was afraid of the civil law and that Marshall was a violator of the law and the constitution because he had taken possession of their property without due process of.law. “They’ve quartered troops on us,” he shouted. “That is what caused Thomas Jefferson and other patriots to write the Declaration of Independence, King George quartered soldiers on us and now King Marshall quarters soldiers on us. Marshall is a breaker of the constitution. He is doing the very thing old King George did. He supercedes civil law with martial law.” He declared that if gambling laws were violated at Porter it was up to the courts to interfere, not to the governor to stop it with a military display. “If all that has been said in the metropolitan press about the race track was true; if all the betting and gambling qlleged has really been done there.” declared Attorney Crumpacker, “the governor would have no power to call out the militia. We contend that the state, through its chief executive, can only call upon the militia to quiet, suppress or prevent a tumult or a threatened tumult. “There has been no tumult in this case, neither has a tumult been threatened. There has been no mob violence. The only Intent of the law giving the governor authority to call upon the militik is to suppress mob violence. The statutes of Indiana provide for horse racing add your honor knows, as a lawyer and a judge, that this is true. “If courts act unlawfully their acts are invalid. If the legislature passes unlawful acts, the courts so declare it. Legislatures, courts or executive departments do not have the right to do as they please without process of law. We only ask the court to find whether the governor has exceeded his authority in sending troops where there was no disorder, such as is described in the statute authorizing him to call out the militia.” He declared that the company was losing 61,000 a day, and that the total loss would be $15,000 for the fifteen days during which the law permits racing. He said that the total value Of the racing plant was $125,000 and that if the association should be unable to utilize it the property would be worth not more than SIO,OOO. He asserted that the state had studiously avoided the gambling issue before the courts. The state had no representative at the hearing. Letter From Capt. Healey. A letter has been received by The Republican from Capt. Healey, but as most of its contents have already been published, only a portion of the letter is used. The letter was written at the race track Wednesday. )He says: "After a delay of the milk train, resulting in us missing connections at Hammond, we arrived here after a three-mile hike through the rain on Tuesday afternoon at 3:30. The South Bend company had arrived before noon and had stopped the first race. The troops took charge of the amphitheatre, establishing. battalion headquarters in the judge’s stand, quartered the soldiers in the rooms of "the hotel that is built in connection with the amphitheatre and left no question about the entire military authority. The race track officials were dumfounded by the arrival of the troops and at once started legal proceedings aganist the governor’s action. There were no straw ticks and consequently every one slept cold. Today the strawticks and straw was issued

and it seems that we should be warmer. The Jockey Club authorities have submitted with every appearance of good nature and have instructed all employees to treat us cordially and to provide for our comfort in every way. Their good feeling, however, is only skin deep, for they are grievously disappointed. There are probably 300 horses here, with 75 owners. The race program was to cover 15 days. The investment in track construction, amphitheatre, barns, etc., is said to exceed SIOO,OOO. The troops have been advised by an attorney representing the state to pay no attention to the court action, which has been brought, and if the injunction is granted by Judge Tuthill the troops will pay no attention unless the governor orders them to do so. Our troops were on guard all day and a small detail under Lieutenant Tuteur is on guard tonight A miserably cold wind has blown from Lake Michigan, two miles north, all day, and it is quite chilly. Not all the men brought overcoats and those who did are lucky. I have no idea when we may leave. Not for two or three days, unless withdrawn by the governor, which is scarcely probable. Letters to us should be mailed tc Porter and “Company M, 3rd Infantry,” should be written on the envelope along with the rl’dress. A return address should also be written in the corner. “Billy” Martin, formerly of Rensselaer, is here with a horse. He is noi a jockey, being too heavy, but exercises the horse and works around the stable. Hallie Flynn, of Chesterton, accompanied by his wife, called on us yesterday evening. There Is no sickness. All are feeling very well. Frank MoCurtain and Harvey Myres, of Parr, are cooking for all the soldiers and Quartermaster Sergeant Isaac Wiltshire is acting in the capacity of mess sergeant for the battalion. Private Guy E. Potter, of Fair Oaks, had to restrain an obnoxious fellow from entering the grounds Wednesdayafternoon, with some j.orce. He was going to come In whether or not. Potter said “not” and had the last say.”