Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-09-14

They sold pools at horse races. These pools
are known as auction, mutual and combine
ton pools. In auction pools one purchaser
thishest bidder buys the first choice among
number of horses in a race to be named BY
MIN as the winning horse others buy the sec
ond choice, third. etc. he horses not so
chosen are called the field and are also offered
to the highest bid1ers. He who names the
winning horse takes all the money paid THE
pool, less five per cent. commission to the per
son conducting the pool In mutual pools
list OF the horses is placed on board In view
| OF the bidders each horse being numbered
with pace TO the right to show how o.ten the
tuted as before. Those who choose the win
nlng horse take the money paid (the pool in
equal parts, less the commission Aforesaid
combination pcol is siGailar to g mutual one,
except there
MUST BE THREE RACES
And each bidder must name the three winning
horSes, and all who DO so share the pool" The
question was whether such transactions were
gambling under the statute. The defendants sp
pea!eu Ju0ge Bryan IN delivering the opinion
OF the Court, said: " The meaning of the law
when consigDs man TO prison or depriVeS
man OF his property, should be plain and obvi-
Gus, ard easily understood by an OrdiaaTy ca.
psclty. Betting is not oifense by the com
mon law, and is punishable only in the
particular cases which are made GRIM
inal by ststute Horse races have been in
some measure favored by our Legislature
and the Maryland Jockey Club was Incorporated
by the act OF 1872 Persons may attend the
races and hazard their money as freely SIS hey
choose by betting on the horses, aud they Will
not thereby become smenGole 70 any legal
penalties" ] VIII say right here that the Agri-
cultural Society of this State are inCorpoFated
by me state 10y the act of the Legislature OF
1850, page 90, and that they are authorized TO
Offer premiums in their discretion for the adj
yaDcement of the industrial Interests of the
state. The Joel key Club holds lis meetings fer
these races under the authority given by the
Legislature IN its charter OF INCORPORATION If
betting on the horses Wert regarded by The law
as playing at game of chsnCe, the race course
would be "a place Of gambling within the
meaning Of the statute, and the Jockey Cinh
would be indctRble for maintaining L. But
we have seen that they have the express au-
thoH!y Of the Legislature for these races. 1t
may De urged That wagering money on n horse
race is as immoral ard as evil ia its conse-
queEces as playing at a gaming table and that |
these p9ol-rooms present TO the idle and diss- !
p2ted Il the temptations which belong to auy |
form OF gambling. But such arguments do not !
justify us in extending the statute beyond the |
bounds OF d just and reasonable cons ruction OF |
It's language. 1t IS for the Legislature 20 make !
SUCH changes il tic law as it may consider the |
pubic good TO require Our functions are |
limited TO interpreting AZ enforcing the legis- |
l2tiye viii when il has been declared and it |
would be very understandable in us 10 permit |
any private sentiments o, our own to affect the |
construction which we give to these statutes |
In the argument of this case st the bar we were |
referred 10 many authorities from the Courts Of |
other states ana to some fom England. We |
nave given them attentive cor Sideration but as
the atutes which they conStrue are yery diff |
ierent nom our own. we have not been able TO |
derive much aid from these Sources, even il we |
were dtsp sed 10 follow the opinions of the |
learned Judges. We think that the selling Of |
the tickets and the keeping of the p9ol-rooms |
mentioned in the evidence were not viola ions
Of law. |
l have thus shown. your Honor, that no game
has been conducted, no crime has been com
mlttedr and have proven my positions by cita- |
tons from numerous c ses in the Courts Of last |
resort. | may add, your Homer that in the
county Of Santa Clara Judge Spencer of the |
superior Court OF that county, a Judge known to |
your honor, and oae who stands at the front |
rank OF able and impartial Judges in this State,
has, as am Informed,
DECIDED THIS VERY QUESTION
In suit brought before him wherein the de- |
iendant averred that the contract sued on was |
Tor selling pools. and that pool-selling and !
PaIls mutual bidding aud selling being Illegal |
no recovery could be had for u breach of CON |
tact r garding the location of the same Judge |
Spencer decided that it was not Illegal and |
gave Judgment in favor OF the plaintiff. The !
gentleman who was the defendant in that case
Is present in Court and could testify if the CITY
Attorney required it, in regard to the facts of |
the case. He contested it. Judge Spencer's de |
ClSlnn was filed. Now, in COnclTS on yoIIr
Honor, may be pardoned tor saying a word in |
reference TO The Importance of this case, and | !
justify the remarks that / am to make by the
LANGUAGE used IN the decision of the Court of
Appeals, Ill the state OF Maryland viz: The
meaning OF the law which c0nsigns man
TO prison or deprives him of his
PrGPe5 eSst,v should be plain, obvious,
ordinary capacity" This is an important
question, not merely as to these defendants. but |
to the people of the city of SscTamento-to the
people of Sacramento who NAV have hem horn
and brought up here regarding the State Fair
as almost their property: gaFdiDg it as some
thing which aims TO build up aud does build up
lioL alone the state OF California but the city of
sacramento as wei. To deprive US of the State |
FAIR would be like depTving the city OF its right
arm; would be like depriving il Of one of the
lawful arteries that give TO 1t force and vitality
! ne Improvement OF horses is a grand and no |
bic thing. One of the greatest aud best men we |
have III this State, Leland stanford has devoted |
millions OF dollars to the improvement of the |
breeding OF horses Mr.. Shippee Mr.. Haggiu |
Mr.. Hearst and Mr. Rose and others have fol- |
lowed IN his footsteps. or he followed them, and
nave invested their money in like channels so
that the statistics show that there are over SlOO
OJO,IOJ invested in the United States in the i'm
proyement of the breeding of horses II is not
100 much TO say, and these gentlemen here rep
resenting the State Agricultural Society are IA
mlllar with this matter and could testify to the
iect II your Honor desired il, that one reason
why hoTses are bred IS for the specu alton de-
lved IN their sale, aud that they become val
uanle because OF their ability TO make fast time
and that the only way this fast time can be
brought tn the attention of the public is by
these eXhibt tons OF speed at the various fairs
heId al over the country; and one of the great
est clements of success of the State Fair is
the exhibition Of speed 1t is not 100
much 70 say thtt to take from the State Fair the
exhibitions of speed would be 10 deprive il OF
its g!ea est attraction: to take from the exhibit
tons OF speed the Opportunity afforded to these
men who spend their hundred OF thousands of
uio.iaLs IN bringing up horses u the standard
thdt they nave now attained would be 10 say to
them ''yol are not to he permitted to make
money out OF the money that you have invested
IN a legitimate business" To deprive them Of
the chance to show the speed OF their horses
and to make money or these pools would be to
deprive them of the revenue out of which they
pay the expenses of their establishment. While
II would prevent the Agricultural Society from
offering premiums OF sufficient amount 10 bring
together the best stock and best horses nav
be further pardoned for saying that the Direct.
ors OF the State Agricultural society are to-day
IN recent OF proposition from a sister city to
give $4,000 to the Society for the purpose of
paying for grounds upon which to locate the
buildings of the state Agricultural Society
While, OF course, that hiss nothing to do with
the law OF the case, yet under the decision of
the Court Of Appeals OF Maryland Your Honor
has q right to take II into account as showing
the Importance OF this question, and, therefore,
10 give to these defendants and to give to the
people OF this City the benefits of whatever
doubt that might exist in your mind before
casting the Odium Of crime upon a business that
contributes so much to the benefit of a State
institution and to the prosperity OF 4 most i'm
Poriant industry Of California
Mr.. CHURCH DOES NOT TALK.
At the conclusion of Mr.. Johnson's re-
marks, IT was expected by all that the City
Attorney would say something, but he did
not
Judge Buckley, in dismissing the case,
said
| have listened with a great deal of interest
to the remarks OF counsel Tor the defendant and
must admit that have received a great deal of
information. This arrest arose from the fact
presume, that on yesterday in deciding what
Is called the wheel OF fortune" case, refer
ence was made by the Court to the fact that
from the testimony introduced in the case the
Court was under the impression that pool sell
ing was a percentage game, under Section $50
of She Penal Code Possibly that reference to
the matter had no direc. connection with that
case and ought not 10 have been part of the
decision, The only 9SOn for il it was that the
defense undertook to show by all the witnesses
that the principle of the wheel of fortune
and pool selling and book making" was the
counsel that it was hardly right 10 arrest a man
for conducting q wheel of fortune game
and allow pool-seiling aud book making to be
aawaaA -.