Typed as
spelled and written
- Lena Stone Criswell
THE DAILY
DEMOCRAT
Thirty-First Year - Number 13
Marlin, Texas, Saturday, May 16, 1931
INJUNCTION RESTRAINS
OPERATION OF POOL HALL
Temporary Restraining Order Grant-
ed Following Hearing
by Court.
An order restraining H. D. Reed and B. R. Plott from "maintaining and operating
a pool hall" at a place on Live Oak street in Marlin, in a temporary injunction
was entered by Judge E. M. Dodson at a hearing in Falls county district court
today. Proceedings were instituted by C. M. Pearce, county attorney,
following a recent grand jury report on the subject. The defense offered
was that the place was operated as a club.
Reed and Plott were represented by Cecil
Glass, attorney.
Part of the statute concerning pool halls
was read by the court preceding the decision.
"It appears that these defendants have
attempted to organize a club in a way that it would not be a violation of the
law, but in my opinion, it is a violation of the law," Judge Dodson said, "for
two reasons: First, where they have organized it themselves and set their
salaries, it makes it come within the meaning of the term, gain; and secondly,
the method of paying dues appears to be more or less camouflage, since not a
single member who has testified knew just how much he had paid."
From B. R. Plott, who said he received $20
per week for his services at the place, the state brought out that members were
supposed to pay $5 per month, the witness stating some of them were not able to
pay it all at once. He said E. E. Winfrey, Jr., had never paid anything,
being a guest. Asked about H. C. Cooley, witness said he paid $5 per
month, which "gives all the privelegs (sic) of the club." He said members
did not pay a "customary price similar to a percue charge in the days of the old
pool halls."
He said Reed drew $20 per week for his
services. He said the rent was $50 per month, of which Reed paid $10 or
$12 per month for the front of the building. He said the pool tables
cost around $950 and they bought a good deal of extra equipment, a rough
estimate of the entire cost being $2100.
H. D. Reed, called by the counsel for
defendants, said he and Plott organized the club and that he advanced the money
for tables and other equipment. He said he and Plott were to collect the
dues and use them for upkeep of the club. He said the sum of $1760.50
represented the amount the club owed or had spent altogether, and that it was
still in debt. He said that when the club has paid back for his expense,
it is planned to reduce the rates to around $2 per month. He said the use
of the club was restricted to the membership, and that it was explained to all
members that they were to pay $5 per month down or like they wanted to. He
said E. E. Winfrey, Jr., was a guest at the place because he is an officer.
He said no account was kept of games; that when a man paid anything it was
credited on his dues. He said a man could come in and play and walk out
without being asked if he owed anything. He said some people had come here
who had not paid over $1 and that they will be suspended at the end of three
months. He said there had never been a meeting of the members but that he
had told over 50 per cent of them what the expenses are.
Recalled to the stand, Plott testified that
if a member paid slightly less than $5, he more than likely would be sent a
bill, or it might be that next month he would run over and that would even it
up. He said it hadn't been necessary to present any bills, but that it was
planned to check upon this feature very three months.
Members Testify.
A. C. Turner testified he was a member of the Olympic Club, the name by which
the place is known. He said that when he was issued a card, he was told
that he would have to pay dues of $5 per month, and that he could pay it anyway
he wanted to. He said he did not pay in proportion to "about what the per
cue cost was in the days of the old pool halls." He had never seen anyone
"pitch a dime on the table for racking the balls." He had seen persons pay
the cashier. Witness did not recall just how much he had paid. He
said no record was kept of games played, but that there was a record kept of the
amount paid.
Other members who testified substantially
the same were A. R. Threadgill, except that he said that he usually figured
about 5 cents per cue was what playing was worth for a particular time and that
when he played with someone, the players usually agreed among themselves about
how much to pay; with the understanding that it was to be credited to dues;
Lloyd Martin, V. R. Marek, Walter Allen, Boyd Barton and H. C. Cooley also
testifying to the same general effect.
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Permission granted to Theresa Carhart and her volunteers for printing by
The Democrat, Marlin, Falls Co., Texas.