The Washington herald., 1908-06-14
ANTI-BETTING LAW
TO BE GIVEN TEST
Racing Men Employ Army
of Legal Advisers.
PLAN CASE FOR THIS WEEK
Assistant District Attorney Said TO
Have Agreed TO Place New Law
makers Lawyers DecIRre IL I'm
cOnstftutiOnRI-MOre Arrests Made.

New York, June 13.-For the purpose OF
testing the legality OF the new anti-bet-
ting law. three test cases will be prepared
Monday at the instance Of friends of rae
ing, who have retained the law firms of
Davis. Stone & Auerbach and Nicoll. An
nable. Lindsay & Fuller
Three well-known layers Of odds will be
arrested. charged with violating section
S6l OF the amended penal code. and writs
OF habess corpus and writs OF certiorari
will be sued out TO carry the cases before
Supreme Court justice Immediately.
Il is understood that these test cases
will be made with the approval OF Assist
ant District Attorney Robert II. Elder, OF
Kings County, who. however, stated to-
day that ne would not agree TO have the
cases tried by a friendly Judge There
will be, II is said, three tests: First
whether IL is legal 20 post odds; second,
as toy what constitutes a wager in the
eyes Of the law and 20 what extent indi-
vldual betting without the recording Of
wagers can be carried on; third, general
construction Of the law.
Jockey Club TaboOs Betting.
District Attorney Elder stiu insisted to-
day that the making of any bet what
soever was a violation of the law. and
for that reason the Jockey Club. through
John G. Cavanaugh. notified all the pro-
fessional layers al the track that a pub
lie display OF prices and the acceptance
OF wagers. either in cash or on credit
would not be tolerated In a word. the
race-track people reached the conclusion
that the only way out Of the present
difficulty would be a resort 70 the courts
where the matter could be cleared I'D to
the satisfaction OF themselves and the
authorities.
When the news OF these test cases be-
came known, after the last race at
Gravesend to-day, some persons held the
belief that habeas corpus proceedings
would invalidate the emergency clause In
the new law. which is that il shall take
effect Immediately. In that event. a stay
OF proceedings would result, which would
permit credit betting 20 go on unmolested
until a verdict had been handed down
But one Of the lawyers of the Jockey
Club stated positively that habeas corpus
proceedings would affect only the layers
arrested on charges, and that the police
torrey's Office. could continue the meth
ods which 80 far have abolished all kinds
OF public betting
Crowd Kept on the Move.
There was some disorder to-day. the re-
suit Of the police insisting that persons
who had paid 50 admission to the track
should move around. and not congregate
in the betting ring.
Patrick II. Sullivan. a brother of Tim
othy d. Sullivan, had an alteration
with policeman who attempted 70 hustle
him about. He asserted that every man
who had paid admission into the track
had a right 20 stand where he liked
Eleven arrests, ten OF men who are al
legged 20 have either made or accepted
bets, and one Of a bookmaker who loudly
protested he would not submit 70 police
coercion, were the net result Of the activ-
ity Of the police at the Gravesend track
this afternoon.
SOmber Day at Gravcsend.
Six Of the prisoners were discharged
later by Magistrate Tighe in the Coney
Island Police Court. and five Will have a
hearing tomorrow. None of these cases
will be used in an attempt to test the new
racing law. and the dismissal Of the
charges is looked for next week
Gravesend track was a rather dreary
place to-day, and the public, present only
TO the number Of 5.00O as against 1900
on other Saturdays. did not seem to care
a rap about the races. Not a handicap
rewarded the winning jockeys. though
most Of the favorites won.
Police Commissioner Bingham didn't tell
the whole truth when he said he would
have 30 police at the track. II there
was one. there were 400 uniformed men.
and fully 200 more in plain clothes They
seemed TO be everywhere.
After the days races President P J.
Dwyer. Of the Brooklyn Jockey Club,
and his lawyers, Barry and Watson, met
First Deputy Commissioner Baker. In
spector Flood. and Assistant District At
torney Elder at their office. and they
proposed that a test case be arranged
next week with the object OF getting a
prisoner out by means of habeas corpus
proceedings.
Claim Law Is Unconstitutional.
The lawyers claimed that no law ex-
isted that could stop two men from
making wager. and that II the new law
had such prohibition in view II would
be easy TO prove It unconstitutional. Mr..
Elder would not agree then to be
party 10 the test case and said he would
announce his decision Monday.
The eleven prisoners were taken to the
Coney Island Police Court Six were
charged with making v'agers and dis
charged. Alfred Fisher. who gathered
a crowd by announcing IN i loud voice
that Gov Hughes could go 70 a certain
sultry place. and that he never would
submit TO such an outrage. was held in
500 bail on charge of disorderly con-
duct Mortimer H. Kahn, John Lyon.
Norris Gold. and Leon Cohen. charged
with accepting wagers. were held in $500
bail each until tomorrow morning.