Show RACE RAGE MEETING FIGHT 1 TO BE BETAKEN BETAKEN TAKEN BEFORE lOWER COURT Davis County Attorney Says He Will Vill Ask Injunction ion OPPOSES WAGERING WAGERING- Y Supreme c Court Gives No Xo Opinion on Validity of Section petition seeking to re restrain re- re restrain strain the Farmington city commis commis- commission don sion from permitting wagering on horse races by the pari tuel system system tem tens in a racing meet scheduled to begin at Lagoon LIgoon on August 27 21 may maybe maybe be filed in Judge James N N. Kimballs Kimball's court here within a few days This was VoS stated today by W W. A A. Dawson Davis county attorney County J. J Dawson and City Attorney W W. H. H Folland of Salt Lake nho ho have ha been ben leading in an attempt tempt to prevent the racing meet were to come to Ogden this afternoon to pre pre- prepare rare pare for tho the filing of Injunction pa pa- papers papers pers Attorney said today This action was considered the most feasible this morning by Attorneys Dawson and Folland in that members of the state supreme court Thurs Thus's Thursday Thursday day afternoon held that they had no jurisdiction n In the matter of is issuing I Is- Is Issuing suing a It writ of mandate to restrain officials from permitting the ached sched scheduled race meet OTHER COURSE COUnSE ShOWN Chief Justice S. S H H. Thurman cf of the I supreme court pointed out that at- at atI attorneys I for Davis Darts county sought to ta I gain two kinds of relief First the enforcement of provisions of section compiled complied laws la s of Utah 1917 relating to and wagering ole 01 horse racing and second an 1111 or order or- or der to restrain officials of Farming- Farming Farmington ton city from doing illegal megal things Justice Thurman held that the tha th Davis county commissioners petition petition- petitioners ers era In the case have hare fie ee power and authority in their wn n hands to lo eec tec I ee that violations of oC the law in Davis county ere are prosecuted Davis Da county officials were also als informed that sim aim similar simIlar I ilar liar objections existed relative to the issuance of a writ of prohibition it ItI was vas as learned The supreme court suggested that I attorneys for the th prosecution might bring brine action aLtion a lon in the th court for far foran faran an 1111 injunction prohibiting the holding holdin of the meet The supreme court made clear In tee I its us statement that it expressed no opinion whatever as to whether sec eec section c- c cI tion referred to the tl present case I or whether that section Is still Ill an existing law lass or has been b n repealed It further made clear that it gave no opinion on as to whether the ordinance ordin ordin- ordinance ance passed by Farmington City to permit parl pari betting bet is valid validor or 01 Invalid In under the statutes These questions it held heid should be brought before the court through other chan chan- chann nels n Is HISTORY OF CASE SE Petition for the writ of mandate set forth that tha tho Farmington City commission in May 1927 1921 granted to toI I the Lagoon Jockey club a permit or license to hold a I racing meet fit at the Lagoon track beginning August 27 21 and to continue for approximately 27 1 days Later on or about June 1 1927 the Farmington city officials enacted an ordinance relating to horse rac rae racing racing ing within the city of Farmington and providing pro for the creation of a racing commission The petition named Dr C. C S S. Gardner Farming- Farming Farmington's Farmington's Farmington's tons ton's mayor ma or Golden Barton and L. L S. S Rice members of the city council as the commission The petition continued by saying that the Ule Farmington city officials were of the opinion that the ordin ordin- ordinance ordinance ordinance ance legalized horse racing within and that they the believed section to have e been en repealed therefore permitting them to allow the racing meet Petition stated that horses were being received at the La La- Lagoon goon track to engage In the meet and that preparations were being openly made to use the parl pari system of wagering It was alleged further that the preparations and announcements of the defendants were so O open wide wide- widespread widespread spread pread and notorious as to have hare be become be- be become become come a a. public scandal and shame to the citizens of Davis Da ls county and to hold Davis county up to the public generally as a county In ill III repute where law Is disregarded and will not be enforced |