State ex rel. Dawson v. Anthony Fair Ass'n

Citations

• 89 Kan. 238
• 131 P. 626
• 1913 Kan. LEXIS 49

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Gambling — Bets on Horse-Races — Nuisance. Ordinarily, bookmaking and pool selling by which bets on horse races are recorded and tickets sold showing the purchaser’s proportion of the money won on such races constitute gambling, and the place where it is carried on is a nuisance.</p> <p>2. Fair Association — No Power to Allow Pool Selling or Bookmaking. A fair association chartered by the state under authority of the statute to form private corporations for the encouragement of agriculture and horticulture has no right or authority to sell the privilege of using its buildings for pool selling and'bookmaking, and such association will at the suit of the state be ousted from the exercise of such power.</p> <p>3. Power of State — To Suppress Gambling on Fair Grounds. The state which gave such an association its corporate life may require it to refrain from conduct clearly against good morals and which ordinarily constitutes a crime; and such association can not demand that the courts enter upon a critical examination of the effect and validity of statutes passed for the general purpose of suppressing gambling in order to remove the seal of condemnation.</p>