The Birmingham age-herald., 1908-08-18
Officer Is Charged With Neglect
 of Official Duty
BETTING AT RACE TRACK
Saratoga Is the Place Where the Sher- if Is Alleged To Have Been Neg Iiqent In Enforcing Anti
 Gambling Law.


 will soon refer to a commissioner, whom he will appoint, the charges failure to en- force the anti-race track gambling laws at Saratoga. The commissioner is to take testimony in Saratoga and report his findings to the governor. The proce- dure to be followed was announced by Governor Hughes late today when Sher- if Bradley appeared in the executive chamber to file his answer to the charges preferred by Walter Laidlaw, chairman of the so-oalled anti-race track gambling campaign committee of New York.
 Through his counsel, ex-Senator Edgar T. Bracket, and Hiram c. Todd of Saratoga, a general denial is made to the allegation that during the racing sea- son at Saratoga. public betting had been openly conducted without interference by the sheriff and his deputies.
 Louis Marshall of New York appeared for the compIainants, accompanied by MT. Laidlaw and at least three wit nesses, who with MT. Marshall were in readiness to testify against Sheriff Brad ley before the governor.
 With the approval of the governor, Mfr Marshall submitted to MT. Bracket the names of four hotels in Saratoga, where it is alleged betting was openly con- ducted.
 Sheriff Brad1ey's defense is a general denial of the charges and he sets forth that he has enforced the law as he understands it. to the best of his in- formation and ability. He has been ad- vised by counsel, he says, that he can not make arrests for violation of sec- ton S51 of the penal code except when the offense is committed in his presence, unless a warrant has been placed In his hands for service. No such warrant has been given to him, he adds, nor has violation of the law been committed in his presence or so far as he has been able to learn, in the presence Of the deputies.
 Attached to, and made part of the reply. is the written opinion of Senator Edgar T. Bracket of Saratoga, along with whose advice the sheriff has shaped his course In his opinion Senator Brack- ett reviews the anti-race track gambling law pointing out that it Is the sheriff s duty to arrest any person violating the specific provisions of the statute. The attorney adds:
 But I understand that the question that chiefly embarrasses you is whether | you or your deputies hearing oral bets l made between Individuals, there being nc | record made of the same nor any paid whether under such circumstances 1t if ! your duty as the sheriff to arrest the 1 persons thus betting as violating tho present law
 q have given this question careful ex- animation, and I am bound to, and dc advise you that as the law stands, as | construed by the courts, such betting 4 not crime and you have no authority i to arrest therefor"
 ] Also attached to the complaint Is letter addressed to Sheriff Bradley bl i MT. Laidlaw and a communication iron ! Edwin J. Shea who in a postscript say he is afraid to give his address. Tn ! writer warns the sheriff that he and number of subordnates have been watch ing the races until they have secure, ! evidence enough to jail hundreds and tn i sheriff is given a friendly hint to mak a stir and cause 50 arrests daily "befor my report goes in." The letter is date, ! August ?, 1908.
 MT. Laidlaw, writing under date 0 August 5, 1908, charges that four fifth of the attendants at the rack track gam ble; that money is openly passed an a record of the transactions made. Tn writer calls upon the sheriff to properl protect the rack track and enforce tn Hart-Agnew laws.
 Sheriff Bradley appeared before tn
 governor accompanied by his counsel
 former Senator Bracket.
 The governor announced that he woul
 appoint a commissioner to take testi
 mony on the charges and report his find | ings to him.