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.