Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-03
WINNING BET NOCRIME
NOTABLE DECISION HANDED
DOWN BY NEW YORK JUSTICE.

NEW YORK. July 3-Justice BischoH
in the supreme court ordered the dis.
charge from custody yesterday afternoon
of Melville Collins. who was arrested
some days ago for betting at the Sleeps
head Bay race track. Justice BischoH
holds tina; the new law which Gov. Hughes
forced through the special session OF the
legislature cannot be lawfully interpreted
as making wagers between private indi-
viduals criminal. but must be interpreted
as referring only to bookmaking. pool
selling and other forms OF professional
gambling. Commenting on this. he says
in his decision:
ut may not be out of place TO note that
II this relator is properly charged with a
crime because of a construction OF this
section Col of the Penal Code as amended
this year, then every wager on a contin-
gent event. If followed by the receipt OF
something by the winner, would place
the latter within reach OF the criminal
law. The consequences OF criminality
would descend alike upon the successful
participant In a rattle conducted for re-
ligious purposes, upon the girl whose par
tisanship for college has been rewarded
by the winning OF gloves or upon the
messenger who. without knowledge. car
ries from a loser to winner the thing won.
and upon all who bet upon anything. ex-
cept. possibly. a certainty, where the bet
Is paid
Justice Bischoff does not find that the
recently passed law is unconstitutional
He finds simply that If its purpose was
to make verbal wagers between persons
who are not engaged in bookmaking or
poolselling a criminal offense II has
failed OF that purpose. IL the wording OF
the law cannot be correctly construed to
give 1t such q meaning. Hence he finds
that there is no prohibition in the law
against the act with which Melville Coll
Inns was charged. namely. the making OF
S. wager on a horse with a friend. John
Rawls. That being the case, he upholds
the writ of habeas corpus which Collins
sued out and orders the discharge OF the
prisoner.
It's Probable Effect.
The decision was hailed as a victory by
counsel for the Jockey Club. who include
John B. Stanchfield and De Lancey Nicoll.
as well as Davies, Stone and Auerbach.
District Attorney Elder of Kings. who
consented to the arrest of Collins to form
test case to determine the legality of
verbal and individual betting under the
new law. said today that until he had
read carefully the text of the decision he
could not decide whether or not he would
appeal. But 1t is taken for granted that
he will. for If Justice Bischoffs decision
is upheld or allowed to pass unquestioned
1t will mean that the new dnti-betting
law. over which SO much fuss and trouble
was made. is practically useless. except
as against bookmakers openly plying their
trade as such.
Should Mr.. Elder determine to take an
appeal there will be no regular session
of the appellate division in this depart
ment till October. when most of the rae
ing season will be over. Hence, unless
the appellate division should decide to
hold a special session for the case. which
is not likely. private wagers may be made
and won and lost at the tracks all sum-
mer, under the ruling of Justice Bischoff.
without fear of Imprisonment to the win
ner, at least.