New-York tribune., 1908-06-15
ELDER SMELLS A RAT
TO ATOID TEST CASES.
Thinks Gambling Interests Plan
Suspension of Betting LazC.

Assistant District Attorney Robert n Elder Of
Kings County has discovered that the gambling
element hoped through test cases TO obtain the
suspension Of the anti gambling law until fall
Mr. Elder is in charge of the District Attorneys
Office in the absence of John F. Clarke in Italy
and It is his duty to enforce the new statute
| man acquainted with the affairs OF the office said
yesterday.
Il have learned that the racing people have
been IN consultation with a Justice OF the su-
preme Court with view to getting the anti
gambling law suspended The plan is TO surren-
der one at time several OF those who have been
arrested for gambling and who out on
bail and to bring them before this Justice on
writs of habeas corpus. which they expect him
to grant The cases, IT is expected. will be so
dovetaiIed and will present many points that
enough evidence be presented TO convince
him of the expediency of suspendfng the
gency clause of the law. It will be fall before
the Appellate Division of the Supreme Court will
be in session again and able to pass such ac-
ton by a Justice Meanwhile, gambling would be
permissible at the tracks,
Mr.. Elder said: I will not gree any test case
or any particular statement of facts I will not
agree anything that may tend to interfere with
the operation Of the law. The horses leave
| the Gravesend track Thursday. and I do not
understand why the Brooklyn Jockey Club should
take action in this matter, which would not assist
1t. I shall be at the track tomorrow. usual"
1t is expected that the first writ will be obtained
not tomorrow. but within few days. Mr.. Elder
said that IL any arrested under the new law
were brought before Supreme Court justice
writ of habeas corpus. he would for the val
idity of the and the imprisonment and try
to block any attempt TO have constitUtionaity
or the construction OF the law touched upon He
will make every effort prevent the suspension
| Of the emergency clause
Deputy Police Commissioner Baker dropped into
Brooklyn headquarters for while last night, after
q day spent looking over the conditions at Rock
away. He said he going to the track today
with 30 men, as usual. 80 bluecoats and 80 plain
clothes men Asked what he thought Of the race
| track situation. he said
Il understand that the racing people are trying
TO get up test Mr.. Elder, who IS our legal
authority, OF course. has construed the Law
meaning that It puts the ban all forms Of gam
| bling. that bets cannot be made even between
friends without subjecting them 10 the provisions
! of the anti gambling law
| 'The racing men want the law more literally
| construed. They think that II TO be al
| lowed to bet with their friends under IL the race
tracks will profit. it will give the patrons some
leeway and even give the bookrnakers some chance
1 do not think they believe they successfully
contest the constituonaty Of the law itself OF Of
| the legality Of WaIlace's election I do think
| they will try test these two points, but
| will satisfy themselves with getting construc-
ton, II they can permitting bets between friends.
! Now. playing poker with friends or
betting potato anything else is subject
/ to arrest. do not expect that shall have
trouble with the crowds in enforcing the law as We
understand 1t, but will not lessen our precau-
1
| lation Of the law disturbances on Suburban
| Day, next Thursday
| II seemed be hot yesterday for those
| interested in the racetracks 70 do much thinking
about ways and means OF making betting possible.
and there were conferences the subject OF
| test cases. However. 1t has been pretty well set
tied that there will be arrests, probably to-day or
tomorrow. at the Gravesend track. which will be
made get rulings from the Court OF Appeals on
| the exact scope OF the Hart-Agnew laws
| The Brooklyn Jockey Club and the Jockey Club are
| both most anxious to avoid disorder and promiScu
| GUS arrests the track. and the officials of the
Brooklyn Jockey Club viii do all in their power to
| prevent violations of the law. The same policy
| will undoubtedly be pursued at Sheepshead Bay
| when the Coney Island Jockey Club opens its
| meeting Friday with the running Of the Sub
urban, one Of the greatest stakes of the American
turf and the first half of the classic Double Event
II is unlikely that anything will he done toward
| the establishment Of credit betting system on
| the English any other model until the legal
| aspects of the situation have been thoroughly
thrashed in the Then. If II IS held that
verbal bets without the making Of any record and
| without the placing Of money in the hands Of
| stakeholder, permissible, as not involving
| "bookmaking pooIseIng,' sort of credit
| system may be established With reduction IN
the size Of purses and in the length OF meet
| Ings and the racing season, combined with
higher admission and the abolition OF the field
| stands It may be that the racetracks will stay
open. supported largely by the great sporting own
| like NIessrs. Keene. Vanderbilt, Belmont and
Whitney. who. unlike many of the smaller fry, do
not need the money
prominent for many years in turf circles
said last night he did not think that anything
would be done until the interested attorneys had
had an opportunity get a certified copy OF the
new law and thoroughly digest it After compe-
tent legal opinions had been obtained. the
authority thought some plan for the future might
be formulated.
while the public may not know IT." said he,
"and probably of the larger layers might
admit it. the fact is that in ways with
out the bookmakers racing could not continue.
For this reason the men the stools will wait
until the stewards find the way out, if there be
way.
There few stables. like that OF Keene and
half a dozen others, that might exist upon stake
money and purses On the other hand. there are
any number of stables-proftabe ones too-whOse
purses in a season would not pay the feed men
These the stables whose entries fill up the
races and make them exciting. How do they live?
From the bets they win off the layers Whenever
they have a horse ready they put it over and
usually with pretty good odds.
While, as l said. the ma iorfty Of racing will
publicly the idea. yet the truth is that the
books support then-and the stewards know II,
just well the layers do
Naturally, the bookrnakers have got TO VIII
money from the public up matters. and
this they cannot do if they compelled con-
fine wagers to those possessing acquaintance
and credit sufficient warrant the English sys-
tenn II is the general publics money that proves
the profitable. like the players OF horses
with long odds. type Of wager rarely made by
the so-called wise betJor. is only by sup
porting these stables of selling paters racing
after season. with prizes never better than
second and show money TO their credit that the
be filed up and the meets continued
No knows this better than the stewards
'If these strings cannot be maintained the
track owners know their entries will be limited m