Show BETTING ON THE RAGES Question of Selling Pools Argued in Court WILL BE DECIDED TODAY Success of Horse Races Depends De-pends on Decision Claim Set Up That Pool Selling la Not Gambling Within Meaning > of tho State Law City Judgf Diehl yesterday listened to arguments on tho question of whether e not the MIn of pools on horso races Jn prohibited by law In this State Tho cano Is that of Salt Lake City vs F 1 Nl leon l-eon charged with unlawfully conducting a gambling game In selling pools on races Tho defendant Ie 1 alleged to have conducted a place In this city where pools were sold on races In cities other than Salt Lake the defendant having n private wire t those places where Important raceswere In progress POWERS TO THE RESCUE Court was held In the City Attorneys office In tho city and county building yesterday yes-terday afternoon hero a largo number of Interested peoplo gathered t hear tho arguments In tho crsa After tho complaint com-plaint had boon read by Assistant City Attorney At-torney Schuldcr tire counsel for the defense de-fense demurred on tho ground that It docs not state facto sufficient to constitute a public offense Tho domurrcr was argued at length by Judge O W Powers for tho defense and R G Schuldcr for the prosecution I prose-cution Court adjourned at 5 oclock to 10 oclock today when Attorney Straup I will make tho closing arguments In tho Police court In support of the demurrer WANT QUICK DECISION I Is very Important that the question be decided at once In order that tho management man-agement of tire racing meet that has been started in this city may know whether Acting Chief of Police Burbrldgo has tho authority to forbid the selling of pools on these events Tho present case against Nelson Is a test case and tho decision rendered will decide tho matter for all tire others Judge Powers In opening ntatcd t that a decision would bo desired as soon ns possible forthis reason explaining that there Is a large Hiring of racers hero and that tho races had been deferred pending the ruling of the court Tho attorney for I tho defendant ninlntnlned that tho ohnrtor of tho State cC not Include horse racing betting on horse races poolselling or bookmaking in tho provision against gambling gam-bling and argued that the Legislature In enacting statutes had not interpreted the provision In question to Include any of tho above Thoro Is no statute or ordinance he argued against betting on name race or on anything excepting the result of nn election and then only on the part of a candidate MANY AUTHORITIES CITED The prosecution on the other hand contended con-tended that tho statute prohibited betting bet-ting cn horse racing and Inturprctod tho words any other game to Include pool uclllng and bookmaking Both sides cited numerous authorities In support of their contentions DIEHL WILL BE READY I Is believed that Judgo Dlehl will bo prepared to rub v the point this morning morn-ing after the closing arguments have been made without giving the matter lengthy consideration RACES MAY WAIT J T Montgomery manager of the racing rac-ing meet at the Fair grounds said yesterday yes-terday that ho would pull the races off at onco If the court finds in favor of the defendant but If the decision should b otherwise they will b postponed for about a week a week Dan Patch Still the Goods Columbus 0 July 17TIre summer meeting of the Columbus Driving association asso-ciation closed today Dan Patch was driven a halfmllo against time and equaled tho worlds pacing record for that distance B74 made by Prince Alert at Memphis The quarter was made In 2Si and the half In 57i Weather clear and track fast Former Salt Laker Beaten Whatcom Wash July 17 John Bongo of Whatcom last nIght defeated Emi Klank of Chicago In a wrestling match defending his claim to tho championship of the Pacific Coast Salt Palace Fun Tho vaudeville performance at the Salt Palace for next week promises to be fine Judging from tho attractions which were yesterday booked by Manager J Myers The programme will be led with Swln and Lord black face and knockabout urtlats Harry Willis the Dutch monologue mono-logue will be seen for the Mrat time Ho does a dancing and singing turn Martin and Rldgway will be seen In an entirely new act nn eccentric European stunt of their own creation The disrobing dis-robing act of Miss Rldgway has made such a hit that Manager Myers has found it necessary to reengage her for that especial turn Charles Fox tho woman wo-man impersonator will innko his Initial appearance at the theater Monday night During the progress of his turn ho will give his famous Chinese dance a creation of his own which made such a hit In San Francisco Miss Dora Pellcticr bus oleo been reengaged and will render now selections Including tho latest and most popular songs |