The San Francisco call., 1898-04-16
POOLROOMS
 NOT ILLEGAL Judge Allen Annuls the Law Prohibiting
 Them. The Head Of the Ordinance Is Not Harmonious With
 the Body.
Nothing to Prevent Open Pool-Sell- ing Now in All the Cigar
 Stores.
Oakland Office San Francisco Call,

5Vo bTOaQWay, Aprll b.
 When the Supreme Court declared that the Stratton primary law was unconst- tutional because the title and the body of the act did not agree they made 1t pos sible for poolrooms to be at once opened in Oakland and run without fear of mo- lestation by the police.
 This morning Judge Allen declared the famous anti-poolroom ordinance which was passed after the bitterest agitation ever seen in this city. in 1892, to be in- valid on the ground that the title of the measure did not correspond with it's va rious sections. AS a result of this decis- ion the raid on the booksellers made several weeks ago is without effect, and D. P. Clark. A. D. Dennis, w. Wolfsohn and c. McHale were discharged in the Police Court and the charges against them were dismissed.
 There is now no bar to the opening of poolrooms in this city and conducting them wide open," unless the City Coun- cil should amend the ordinance and make its head and tail agree. This is more than is expected from the solid six" and undoubtedly there will be a great anti-poolroom campaign inaugurated at once
 Attorney T. M Bradley. who repre- sented the booksellers in the Police Court, moved for a dismissal on the ground that the title of the ordinance under which the arrests were made did not mention specifically that the receiv- hioited, while in the body of the article such prohibition is ordained. He says his client only received money to bet on races for other parties.
 A. A. Moore Jr., representing the Dis trict Attorneys office, while admitting that MT. Bradley's point might be well taken, asked for continuance of few days to look the matter up. Attorney insisted immediate cision, and Judge Allen declared the or dinance void and discharged the defend ant.
 The title of the ordinance reads: "An ordinance prohibiting in certain places within the city of Oakland the selling of pools or making of bets or wagers on contest between men or between horses wherein money or other articles of value are Staked or played"
 In the ordinance is the following sec tion, upon which the booksellers base their argument:
 No person upon any trial or contest of skill speed or power of endurance. between men, or between horses. shall, within the limits Of the city of Oakland sell, issue or dispose of any ticket. certificate or other evidence of payment on which shall be inscribed, written marked or printed any number name word mark or device to designate the choice selected received accepted by any other person to entitle or enable the said person holding the ticket, cey- thcate or other evidence of payment to gain or lose any contingent issue: or receive any article Of value or any money or anything rep
 
 a bet, wager or hazard upon the event of any contest or contingent stake, or as a stake or pledge between two more parties or to dis purse the said money any portion thereof or anything representing money or other article Of value upon any representations or condition or in any conformity to or with any express or tacit understanding or agreement
 When ex-Chief Lloyd made his raid on the booksellers he stated that pool-sell- ing was being conducted on such a yi- cious plan and in so many places that children not over IA years of age of both sexes were being taught to gamble and were putting up even as low as a dime on the chances of horses. There is no doubt that the moral side of the question will receive immediate attention. and there are many who think that Judge Allen rendered his decision on a point smaller than will be recognized should the case be appealed to a higher court