Rensselaer Semi-Weekly Republican, Volume 40, Number 24, Rensselaer, Jasper County, 29 November 1907 — SUPREME COURT ROUTS TAGGART [ARTICLE]

SUPREME COURT ROUTS TAGGART

The Supreme court at Indianapolis Tuesday held that the state acted within its rights in taking possession of the gambling paraphenalia at Tom Taggert’s French Lick Springs hotels, and it is not improbable that the charter under which the hotel company is organized may be revoked by the state. The trial judge decided that the action shbuld haveT, been brought against the French Lick and West Baden Hotel company by the local prosecutor, but the supreme court decision affirms the right of the state to proceed thru the attorney general and in every point sustains the action of that official and of the auditor of the state in making his investigation. The court points out the fact that the hotel company habitually and violated the criminal law, and that the resort was widely advertised United States as a place where gamblers could pursue their avocation with none to molest or make afraid, and that the local officers were unable or unwilling to enfore the law. The court turns to the argument

that the law permitting incorporation of companies does not give a license to commit crime, and that when the defendant asserts that the hotel business was successfully managed, the charge of contribut ing to the deliquency of children is not thereby answererd, and the agreement for a division of the spoils, that is, an agreement for a per cent of the profits of gambling, is entirely immaterial, the chief question oeing the carring on ot gambling and its illegality under the law of the state. The conclusion is drawn from this that the statute empowering the auditor of state to make examination of corporations was not intended as a protection to corporations conducting gambling houses. The power may or may not be ex ercised, says the cou t. but if it is the attorney general acquires authority - for proceeding against such corporations. It is regarded as possible that both hotel companies may surrender their charters and continue in business as private companies, and while this would not give them license to carry on gambling it would exempt them from prosecution under the corporation laws.