New-York tribune., 1908-06-21
nOE WARRANTS DENIED
,orKEY CLUB TESTS Law.
p;nekam Says Injunction WM Not
Bar Police from Acting.

,ra1 fight the Coney Island Jockey Club
.o,ted 70 test the new anti-bettslg law occu-
h most of yesterday with maneuvTing for posi-
rfo Although some of the betting men thought
W. -,nnrsry injunction obtained by the club from
iae Bischof restraining the police from harry
."' ,,.,ens who gather together at the track WIS
fs - Commissioner Bingham and Assistsnt
- Attorney Elder of Kings said it could not
-. .hs enforcement OF the law. Mr.. Elder
fhs' ,ner on Friday he had a talk with Governor
r~aes over the long distance Telephone, and that
A-e.ove-nor was still STERN
i,,eriIe Collins, who was arrested at the Sleeps
-ssv track on Friday, was released yesterday
- custody Of Captain Barry, of the firm Of
.s stone & Auerbach, counsel for the Jockey
-,ho obtained a writ of habeas corpus from
- Bischoff. OF the Supreme Court in Manhat-
- The arrest had been made on q warrant issued
,,...s,rsfe Tighe. on the application of Assist
% -oist-ict Attorney Elder. who satisfied the mag
-, +bsr after an oral bet had been made set
-, If same hsd taken place the track. Jus
- s,schoh then issued order directing Sheriff
..,lsv Of Kings 10 appear before him with Collins
-, Barry said he did not wish to proceed
~ absence Of the District Attorney, and his
-, the case was adjourned until Monday. At
-s-s CAPTAIN Barry said the main point was as
y bstber & verbal bet accompanied by the pass
y ~ money. constitutes a violation of the new
@ & Collins is said 10 have formerly been a bet
e commissioner for Richard Croker
heir attempt 10 find out just how far the state
= "a in making arrests. counsel for the Coney
-s,5 Jcekey Club made application yesterday to
.,us~,-s-es Tighe. Voorhees, and Cfeismar for
a-.tr Doe warrants to be served on men making
:. s,,antipg oral bets. The magistrates consulted
- AZ Elder. and then, refusing grant
-. z-srrarts made the following statement:
The making Of a bet between two individuals
~ here is no transfer Of money is not viola
~ of Section S5l Of the Penal Code, nor is it
.ss-ior Of Section les of the Penal Code, and the
rsristrate refuses 40 issne a warrant of arrest
,T-n ne presentation Of the above facts
The prosecuting attorney said that during his
,,versarion with Governor Hughes the latter had
.sE.5 him what he thought would be the effect of
,Se Injunction Mr. Elders opinion is that it will
- te effective in preventing the police from dis
.-sfag groups when they have reason TO believe
ts+irs Is going on. Under the city charter" he
s,t6 The police have right 10 disperse any gath
e-rr of people when they believe the group or
CIV of its members are contemplating violation
G. the law
,o-,-nissior,er Bingham, after a conference with
E4r- Deputy Police Commissioner Baker and Bor-
s1rh Inspector Flood Of Brooklyn. sent them TO
mfr with Corporation Counsel Pendleton for in
,rucrions as 10 how far the police may 60 with
~ Violating the injunction. Then Commi ssioner
BDgbarn said as he thumped his desk: Il would
snfo-os tic law If all the lawyers and judges
vs-e killed Of, and then we might have some JUS
To-"
-be Commissioner told nineteen inspectors dur
.- the dsy that they must close all the poelrooms
= fbeir districts He int:nated that he would hold
,.sr, responssble for any violations found
TEo other men We're held for betting by Magis-
t-se Geisrnar yesterday They were Philip Dona-
l1s and Joseph Louwey. and their cases went over
= gune % under $500 bail each There was a re-
MI current yesterday that the Kings County
ezri Jury may start investigation as TO the
rsheds cf holding races, but no one seemed
rrng 10 verify II.