The San Francisco call., 1899-05-10
Validity Of the Anti-Bookmaking
Ordinance UnqueStiOned.
Judge Murasky Renders an Important Decision Defining
How the Police Must Enforce the LaW-Ihe
GrOezinger Farce Concluded

GCP MOTHER and a signal triumph
II " has been won in the struggle
~ to Danish from this city the
q y gambling blacklegs and cor
rupting influences of the poolrooms and
of the race track Superior Judge Frank
J. Murasky has rendered his opinion in
the injunction suit instituted by the
Pacific Coast Jockey Club to restrain
the Chief of Police from entering the
racecourse inclosure at Ingleside In
his opinion Judge Murasky decides that
the Chief of Police. in the performance
of his duties. has the right 10 enter
Ingleside raCetrack and TO arrest all
who may be there committing an or
fense against the laws. The gamblers
have been battling for almost TWO
months 10 destroy the ordinance pro-
hibiting bookmaking and they have
gained nothing. The constitutOnality
of the ordinance is still unquestioned.
AS far as the decision Of any court OF
competent Jurisdiction is concerned the
prohibitory ordinance stands as law
Of San Francisco and will be enforced,
as it is believed that there is only one
Groezinger on the inferior bench and
he fortunately holds his position but
for a short time through an accident
of illness to its rightful occupant
After two months of strenuous en-
deavor to destroy the law which kills
their nefarious traffic the gamblers
must begin all over again. When the
bookmakers sought 70 secure from
Judge Murasky a permanent injunction
restraining Chief Lees from entering
the racecourse they were striving to
kill the prohibitory ordinance not to
save a few gamblers from punishment
and gain only a temporary advantage.
The ordinance was attacked in every
way and the attack has failed. Super
ior Judge Murasky has simply decided
that the police cannot fOrcibly enter the
Ingleside incIosure to enforce the law.
But the police can enter Ingleside race
course in the manner provided by law,
with or without the permission of the
owners of the racetrack. and can then
arrest every one caught violating the
ordinance which prohibits bookmaking.
ForcibIe entry alone is enjoined by the
decision of Judge Murasky.
This means that in his former efforts
to enforce with energy the prOhibitory
ordinance the Chief of Police simply
undertook to do the work the wrong
way AT any time the police may arm
themselves with John Doe" warrants,
go to the racetrack, pay their admis
sion and arrest any one engaged in
gambling on the races. The offenders
and the evidence can be captured at the
same time and the prohibitory ordi-
nance will not be in the slightest degree
injured.
There is no likelihood that the gamb-
lers of Ingleside viii attempt to oper
ate this season so there is every reason
TO believe that the great fight against
a monstrous evil has been won until
next November at least.
While Judge Murasky's decision has
no effect upon the legality or the con-
stitutiOnality of the anti bOOkmaking
law, it has a very important bearing
upon the efforts Of the police to sup
press another local evil. Unless Judge
Murasky's decision is appealed the
police can make no more forcible en-
tries into Chinese gambling dens. This
effect of the decision will seriously in
terfere with police work in the Chinese
quarter, as raids upon the gambling
dens are difficult Of success even under
existing conditions.
Judge Murasky's decision is of such
general importance that it is given in
full as follows:
In the Superior Court in and for the
city and county of San Francisco.
etate Of California, Department No. 8.
The Pacific Coast Jockey Club,
plaintiff. VS.. I. W. Lees ct al, de-
PENDANTS.
Upon the hearing of the motion to
dissolve the preliminary injunction it
was alleged by defendants that plain
tiff licensed bookmaking and pool