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STATE, EX REL., v. BISSING

No. 39,706

178 Kan. 111 (1955)

283 P.2d 418

STATE, ex rel. WARNER MOORE, County Attorney of Sedgwick County, By KEITH SANBORN, Deputy County Attorney of Sedgwick County, Kansas, Appellant, v. AL M. BISSING, and THE WICHITA GREYHOUND CLUB, and all Agents, Servants and Employees of Each of Them, Appellees.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

Keith Sanborn, Deputy County Attorney, and Robert E. Hoffman, Assistant Attorney General, argued the cause, and Harold R. Fatzer, Attorney General, and Warner Moore, County Attorney, were with him on the briefs for the appellant.

Clyde Wendelken, of Wichita, argued the cause, and W.A. Kahrs, of Wichita, was with him on the briefs for the appellees.

Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Carroll F. Pope, Keith Eales, Cliff W. Ratner, William L. Fry and A. Wayne Murphy, all of Wichita, filed a brief amicus curiae in behalf of Kansas Greyhound Breeders Educational Association, Inc.

The opinion of the court was delivered by

PRICE, J.:

The basic question in this case is whether a system of pari-mutuel betting operations on dog races constitutes a lottery, in violation of the Constitution of this state.

For reasons which will hereinafter appear, the court holds that it does.

The action was brought by the state, upon the relation of the county attorney of Sedgwick County, to enjoin further operation of the enterprise in question...

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