New-York tribune., 1908-07-03
VERBAL BETTING LEGAL
Continued from FIRST page.

the contention is that these words define the
criminality Of the realtors receipt of his win
nngs when read: ANY person who receives
an any money o;nsr bet nerson or "asere'
upon such result" etc.
For the purpose of determining the intention
must necessarily be read as whole only Wner
so read can the conclusion be reached whether
isolated words of the text may or may no'
properly be placed together in such sense as
to cover a particular case
The very words of the clause under whicr
the relator is held would seem. indeed, to eX-
clude the meaning that the Det FecelVeu
described money won as the result of bet
since from the context it Is apparent that wha'
is contemplated is the act of receiving. register
ing, recording or forwarding the sub9ect OF
wa ger yet Observation-Disclosures, not after. II
is won or lost. The fair import of the statute
under consideration is to be the measure OF lts
application. and as / read the words employed
] cannot hold that Section 351 fairly imports
that bet the receipt of the thing wagered
is crime.
The whole scheme of the section appears upon
a reasonable reading to relate to bookmakfns
and poolselling: that is. to the business OF tax
ing and recording bets and wagers and to acts
which incidental to that business.
APPLIES TO THE STAKEHOLDER.
In taking up the language of the law Justice
Bscloff said that he thought the phrase by or
for any other person" pertained to the receipt
registering, forwarding. etc" and not to the
money thing wagered. This, he said, was in
harmony with the movement against profes-
sionai bookmaking and gambling In referring
to the District Attorneys contention that all
gambling was aimed at the court said:
The construction contended for by the Dis
trict Attorney requires a strained application OF
the words employed in the statute, contrary to
their apparent sense and IT is quite clear to my
mind that this section of the Penal Code has
actually no reference TO the case of bet made
between individuals without the intermediate
office of stakeholder, nor to the winners re-
ceipt of the money, other thing of value
transferred TO him by the loser when the event
is determined.
For all the years during which this statute
has been in force it has not been deemed ap-
pcable to the of ordinary individual
betting. In People agt Stedeker the Court of
Appeals when discussing the condition of the
law relative to gaming in this state said:
There has always been observed distinc-
ton between betting or gambling and maintain
ing gambling house or place to which people
resort 20 gamble. While at common law wagers
on Indifferent subjects were legal and might be
enforced, a gambling house or resort for
gamblers was q public nuisance 1or Whlch lts
keeper might be indicted.
THE same distinction has obtained in this
state where ordinary betting has never been
made a crime, though in some cases subject to
small pecuniary mulcts while the keeping of a
gambling house, selling lottery tickets and the
profession of common gambler have been
subjected to severe punishment
SHOCK TO COMMON SENSE"
Justice BiSchOf TOOK up tne TACT tnat a Ilal
who cheats at cards can be punished only as
having committed misdemeanor. This, COM
pared to the winning of money at simple haz-
ard he said was 'shock to common sense" :"
In closing he said:
1t may not be out of place to note that IL this
relator is properly charged with crime because
of a construction of Section 351, then every
wager on a contingent event If followed by the
receipt of something by the winner. would place
the latter within reach of the criminal law. The
consequences of crminality would descend alike
upon the successful participant in q rattle con-
Quoted for religious or charitable purposes.
upon the girl whose partisanship for a college
has been rewarded by the winning of gloves or
candy through It's athletic fuflment, upon the
messenger who with knowledge, carries from
loser to winner the thing won and upon all
who bet upon anything. except, possibly upon a
certainty, where the bet is paid.