New-York tribune., 1908-07-03
VERBAL BETTING LEGAL
COURT DEFINES NEW Law.
4imed Only at Booh,makers and
the booksellers.

me POOlSetleFS.
Down at the racetrack there was a sigh of
satisfaction yesterday when the news was
flashed over the wire that Justice Bschoff had
decided that verbal betting was legal This
was the outcome expected by the racing men in
the habeas corpus test case of Melville Collins.
and with his discharge by the jutsice the vnd-
cation of "gentlemen's bets" was accepted as
assured Justice Bschoff virtually upheld the
contentious of counsel for the Coney Island
Jockey Club to the effect that the new anti
betting law aimed at bookmaking and pool
selling and does not apply to the citizen who is
willing to hazard something his judgment.
When the decision was handed down yesterday
afternoon Police Commissioner Bingham was not
at mis- office, but Dan" Sattery, his secretary.
said that the Commissioner would apply to- day
TO the Corporation Counsel for advice. Acting
District Attorney Elder of Kings County who
has been in communication with Governor
Hughes regarding the new law, said that he
could not make any statement until he took the
time TO go Justice Bischoff's decision. He
intimated, however, that he felt that even under
the construction of the the law would be
sufficient to stop professional bookmaking and
gambling. Also he said, if he thought it neces-
sary. he would appeal the
When the news reached the racetrack just
before the first race was run. it spread like
widfire, and inside of ten minutes everybody
present seemed to know that a favorable de-
cision. far the making of verbal bets was
concerned, had been rendered While there was
more or less rejoicing. there was no change in
the general order of things and the betting was
confined, as heretofore, to the man. to-man kind
There was no passing of money, so far as could
be seen, and, of course, no bets were registered.
Charles Bolinger was arrested in the field for a
violation of the statute in accepting money,
r,la;y, oIo
found nothing do.
Schuyler L. Parsons expressed satisfaction
over the decision, but said that the Coney Island
Jockey Club would not countenance anything
that approached violation of the law, and that
every effort would be made to that the
statute observed to the letter.
ENDS POLICE CENSORSHIP.
1t was the general opinion among those who
stand high in the councils of the Jockey Club
that the decision of the court would relieve the
situation materially. if for no other reason than
that it would do away with police censorship in
making verbal bets. One prominent member Of
the Jockey Club expressed the opinion that as
verbal betting was a violation of the
statute those who wished to wager money could
find means of doing and that under the
circumstances the sport could live and perhaps
prosper by cutting down stakes and purses.
The more optimistic rejoiced openly and said
that racing would go on indefinitely, while those
who had predicted the death of racing in this
state took far more hopeful view of the situa-
ton than at any time since the passage of the
anti gambling law.
George Wheelock, the one-time president of
the Metropolitan Turf Association said that the
decision of Justice Bischof good for.
the poolrooms but he did not see how il would
improve conditions at the track to any extent
Another one-time bookmaker took the opposite
view and said he did not see how the poolrooms
could be benefited if they could not get the in
formation from the track, and that under the
ruling system of credit betting could be es-
tabshed in due time by the formation of
or more clubs. following out to some extent the
idea of the English method,
Justice Bischoff in reviewing the history of
the attempts to stop racetrack gambling said:
II NAV be that since the adoption of the con-
stitution of 1894 declaring the popular will that
every form of gambling be unlawful the Legis-
lature should properly proceed to make the
simplest bet hazard q crime but whatever
the devised policy it may be said that that
body has not yet done so, and. indeed. when
legislation was proposed at the last session in
the form of amendment of the racing law
(Chapter $40 Laws of 1880, directly prohibit
ing individual bets upon the result of q horse
race and Furnishing a violation by Imprisonment,
the proposed amendment did not become law
Because the provisions of Section 351 of the
Penal code do not in their import prohibit the
to the views expressed in this memorandum.
and there being no charge of violation of any
other of the penal statutes, he Is entitled TO be
discharged from custody.
LEGISLATURES INTENTION.
The court then took up the facts iE the
OF Collins and his s. bet Hotspur. In this
proceeding said Justice BischOff. II to
determine whether the successful bettors receipt
Of the money thing wagered is made crime
by the section referred to-" After setting forth
the statute in full. the justice said:
The particular words pointed to by the Dis
trjct Attorney as applicable to the present case
re- ..or any person who receives. registers.
cords or forwards, purports or pretends TO re-
ceive register record or forward in any manner
Whatsoever, any money, thing or consideration
of value, bet wagered. by or for any other
person or sells book upon any such result, and
Continued Nth page.
GREAT BEAR SPRING WATER