New-York tribune., 1908-07-04
TO APPEAL BET RULING
ELDER NOT SATISFIED.
Thinks Coney Island Jockey Club
Winks at Bookmdking.

Despite the decision of Justice Bischor declar-
ing that the new anti gambling law was not aimed
al individual bettors. II became evident yesterday
that Acting District Attorney Elder of Kings
County had not given up the fight against an
forms OF betting. and would take an appeal in the
case. In fact. Mr. Elder intimated that he thought
bookmaking winked at down at Sheepsheao
He said he had obtained what he considered good
evidence that officials of the Coney Island Jockey
Club had hindered the efforts of the authorizes IN
trying 10 enforce the law Members of the Coney
Island Jockey Club who heard Of this last nght
said that il entirely groundless-
Captain Barry, OF the law firm of Dawes. stone
e. Auerhach said yesterday: IF Mr. Elder ap-
peals Justice Bischors decision We viii hght the
to the highest court There Is no persona
feeling this question but we believe 1t Is SIMPLY
q case Of interpreting the new law Certainly the
gentlemen in the Coney Island Jockey Club have
no desire break any law. All they want Is 10
have final authoritative Interpretation OF lne
law as it stands they may abide by IT.
There was no change in the police arrangements
at the Sheepshead Bay track YESTERDAY oIe VI
the biggest midweek crowds of the season was IN
attendance but those who were disposed TO wager
found it no easier 10 get bet down than on o'heI
days since the passage of the new law Two ar
rests were made. Both were accomplished III sueh
a quiet way that few We're the wiser, and there
was no excitement
Tom Cb;fds 9as arrested in the field for an
alleged violation of the law in accepting money
FOR a wager while Sam" Lewis was arrested IN
the main Enclosure a witness, so lar as couio
be learned, against Uhlmann, who was arrested
outside the Sheepshead Bay track on THURSDAY
It was said at the track that Uhlmann had pay
and-collect book in which the name OF sam
Lewis appeared
The Pinkerton men, AT the direction OF schuSleI
L Parsons who is managing the Coney lsiano
Jockey Clubs meeting. took more active part
yesterday in dispensing groups of men who gain
cred on the lawn presumably TO make oFal pe'S
Deputy Commissioner Baker told MI PARSONS
early in the afternoon that he had noticed a pis
crowd gathered about George Rose, a memner OF
the Metropolitan Turf Association, ana mat ie
assumed that Rose was accepting wagers- IN We"
of the injunction against police interference, MI
I3aker suggested TO Mr.. Parsons that Ie ld'tel
DO what ne could prevent this, and MT. falsohs
instructed Seymour Beutler of the heads OF
-. 1,,r,,a-.or forc. TO give il his attention. In
,onseouence the Pinkerton men were active all
the afternoon. and George Rose was not so con-
snicuous by the size Of the crowd ABOUT hlh aS Ile
had been for two or three days.
Mr. Parsons reiterated his assertion OF 1hurSudS
that the Coney Island Jockey Club would do every
.hing possible TO prevent violation OF the law
and that he had instructed the Pinkerton men to
render every possible aid 10 Deputy Commissioner
Baker and his police
BEFORE Mr. Elder left Brooklyn last night 10
z1av at Ray Shore over the Fourth he said OF
me trace officials: Il regret that the Jockey Cluo
officers are living 10 their promises oon
care 10 say who receives the money the booknlak-
.s-s are paying for the privileges of dong busl-
ness az Sheepshead Bay, but IL Is d idC'' JNS'
the same. that they are paying
Betting has been going on openly 1or seNelai
davs. and ! believe the Jockey Club officers nave
been aware Of this. If the Jockey Club officers
are not receiving money from the ooohlIaheis tieS
might be able tell who is
Several racing men said they thought Mr. Elder
must he rnisinformed. They explained that John
] Cavanaugh. manager Of the betting ring IN the
days before the new law, stH SOLD advance IN
formation to those who wanted IL on overWelshts
-r5 5ockezs Whether the who paid for such
advance information bookInakers or not was
tmmater1al. they said
REGARDING Justice Bischof's ruling Mr.. Elder said
yesterday:
T7ischo4f's decision, but I may say that he has
not decided that all betting is legal His decision
as his opinion shows, does not 60 that lar " nat
he seems TO decide is that non-buslness beIuis
IS not illegal. He holds that the statute was oe-
signed TO abolish business betting and all acts
done or writings made in the course of or in re-
lation TO business betting Such is the idea get
from his decision
His opinon, We think. does not go far enough,
and can say and still be respectful TO the Court
that we think he is wrong and Will take an appeal
from his decision So far this office is concerned
our attitude will not be changed until the Court
OF Appeals has said the final word
Mr. Elder said he would bring the betting ques-
zion 10 the attention OF the grand jury. He then
explained that he had obtained what he thought
was good evidence of law-breaking.
Police Commissioner Bingham said his men would
be governed by the courts ruling as it stood at
present until there some change, If any, as
a result of an appeal. He said, also that he had
conferred with Corporation Counsel Pendleton on
fhe subject
Leo Uhmann ard Joseph Bofkow-itz, the two men
arrested on Thursday evening. were arraigned be-
fore Magistrate Tighe in the Adams street court,
Brooklyn yesterday, charged with violating the
amended chapter Of Section PSI Of the Penal Code.
They pleaded not guilty and were held in 500 bail
each for further hearing next Friday.