Salt Lake Telegram | 1925-10-04 | Page 2 | Racing Case Taken under Advisement

RACING GA CASE E TAKEN UNDER Salt Lake o City ty Files Piles Reply Brief With Judge L. L B. B Wight The brief of Salt Lake City in inthe inthe the case of the Utah State F Fair ir as association association as- as and others against the commissioners of Salt Sait Lake City to prevent the city enforcing Its anti anti- i gambling gamblin ordinance against pan parl- I betting on horse races at atthe atthe the state fair grounds s was filed I with Judge L. L B. B Wight of ot the Third district court Saturday afternoon This brief is js in reply to the brief recently filed med by hy plaintiffs and it summarizes the tho oral arguments and anda a authorities cited by counsel for the city during the r recent ent hearing of the case before Judge Wight Both sides having now filed their briefs in the matter and the ourt i-ourt having pr previously taken Evi evidence ence and list listened ned to oral arguments s. s the matter will be taken under consid consideration by the court for It is anticipated that no un which way the district court d decides the issue an appeal to the supreme court will be taken by tho tha losing side In order that the object sought Jn n the filing o of the action deter action deter determination I of the validity of th the Redd horse race betting law may law may be achi achieved ved CITY'S CONTENTION The last legislature passed a law authorizing pari-m pari parl pari tuel betting on onh h horse racing The city has lias an or ordinance ordinance or- or specifically prohibiting betting betting betting bet bet- ting on horse racing this ordinance being based upon a constitutional provision prohibiting the legislature from authorizing any torm of gambling S S The Utah State Fair association contends that the city ordinance is invalid 1 in that it has been nullified by by the thi state law Ig pan parl- bet betting ing on horse races and state law is valid that ln t horse racing Is a g gime gme me of kiU and not fiot chance a arid that t the operation of Or parl pari ma machines hines is no game at all ll The city on the other hand contends contends con con- tends that horse racing as conducted conducted conducted con con- ducted in connection with betting and wagering is not a game of f skill but ut a game gane of ot chance and that the aI S through the parl- parl machines the the winners and losers being determined by by the running of horse rac races s. s is gambling within the meaning of the THREE POINTS OF ATTACK There are three chief pOints pOints' which the city attacks validity of the state law First that the legislature by its act authorizes a game of chance ance I the game being the betting and w wagering by means of the pan parl- system upon horse races conducted In connection with and andas as a part of the betting system Second that the law authorizing pari pani betting on horse races is unconstitutional because It contains con- con contains contains two subjects only one of which is set forth in the title Third that the law is In that it is special legislation legis legis- lation granting a privilege immunity immunity immunity im im- im- im or franchise in this that while the section expressly prohibits prohibits prohibits pro pro- hibits betting and wagering upon horse races by proviso it grants an anI immunity to all who bet or wager I by means of the pari parl system and grants special privilege to those who operate this p particular lar system I of betting I