The San Francisco call., 1909-09-28
Williams Announces Resumr-
ton of Sport at Emeryville
in November
HE SAYS THAT STATUTES
WILL BE COMPLIED WITH
Jockey Club President Acts in
Anticipation of Possible
Adverse Decision
APPELLATE COURT STILL
CONSIDERS BETTING LAW

ESPI L 4 the existence or the
ID walker-otis anti-betting law
there is to be racing at the
Oakland track again this winter This
was the announcement OF President
Thomas II. Williams OF the New Cali
fornia jockey club yesterday. Viii
llams declared that the season would
open Saturday, November 20, but on
the subject of stakes, purses and the
system of betting to be adopted he
was silent
Williams announcement came as a
surprise in most quarters, and specu-
lation was rife last night as to the
exact causes which influenced his de-
cision. Just as much speculation de-
veloped in racing circles as TO the
manner of betting which will be in
vogue at the track, and the two sub.
jeets naturally blended into a single
query. Just what will the law be by
the time the track opens. and il there
is a law by that time what is the
jockey club management going TO do
about it?
1 Williams coupled his announcement
with a declaration that the law In re-
gard 10 betting would be obeyed. Does
1t mean that Williams has received an
inkling that the appellate court will
sustain the walker-Otis law and that
the plans of the management are to
put into operation the oral betting
system used at the New York tracks
The question was asked last night in
many quarters incidentally. VIII
/ liams is to leave for the east Thursday
morning for a personal investigation
of affairs at the metropolitan tracks
and no more of his plans are 10 be
made known until his return.
WaIker-0tis Law
The waIker-Otis law. adopted by the
last legislature. prohibits pool selling
and book making. When the law was
passed there was a general belief that
racing in California was doomed Will
liams. however. took another view OF
it, He kept his own counsel. but let
II be understood the law would not
serve as a preventive. There were
hints of test cases that would turn the
legislative effort into a farce. but one
after another these test cases fell
through Finally. however. single
case was brought and is now before
the appellate court.
Test Case Pending
The case under consideration is that
|.
eoursing park. OShea is understood
to be merely Williams representative
in the test case. but this relationship
gave rise to fond hopes in the hearts
of the racing enthusiasts that the case.
was TO be fought TO a finish OSheas
with two associates was arrested on a
charge of conducting betting at the
coursing park. The other men were
released but OShea went to jail Car
roll Cook and Henry Aeh. Williams
personal attorney. appeared in oShea's
behalf. seeking his release on a writ
of habeas corpus
The case was taken directly before
the district court OF appeal The at
tack made on the antf-betting law in
the argument before the court was
based on the contention that the law
is unconstitutional. one of the main
points of attack being that the legis-
lature did not have the right 10 fx
two penalties for violation. one being
imprisonment in the county jail and
the other imprisonment in the peni-
tentiary 1t was claimed that the law
does not state whether a violation is
a misdemeanor or a felony. but gives
the trial Judge power to determine this.
and further, that the minimum SEN
tence permitted under the law amounts
to a cruel aud unusual punishment
Argument for State
Deputy Attorney General Raymond
Benjamin and Assistant District Attor-
ney Robert Harrison appeared for the
state in the O'Shea case. They argued
that the legislature was we'll within
its authority and that it's right to fix
minimum punishment could not be ques-
toned because Of the provision relating
TO cruel and inhuman punishment.
The final brief OF the attorneys for
OShea was fled last week and the de-
cision of the appellate court is ex-
pected within a short time With
matters at this crisis. and while every
body deeply concerned in racing was
awaiting the result with interest. Will
iiams calmly announced the reopening
of the track. And he added the signid-