The San Francisco call., 1909-10-26


court responded fully Among other
things. it said:
The conrt believes that it was in
the mind Of the legislature that there
should be some power whereby mercy
should be shown and discretion exer-
cised in the severity OF the punish
ment Il was not the inten-
zion OF the legislature that young
person OF previous good character for
his first ohense should, by an unbend-
ing rule receive the same punishment
as the experienced book maker who has
followed the racetrack for years
The prisoner was remanded
Frank O'Shea. the defendant IN the
sui,. was III at his home yesterday
His father. Jerry O'Snea, known as
the king OF the Potrero," said: 4
shall see my lawyer tomorrow and ar
range 10 have the case Immediately ap-
peaIed 70 the supreme court be-
Iseve that the law is unconstitutional
Abides by Decision
CHICAGO. oct 25.-OakIand race
track will open on November 20 for a
meeting OF 50 days or more, as pre-
viouslv announced. despite the decision
Of the lower California courts adverse
TO the contention OF the racing interests
that the hostile Otis-Walker law is un-
constitutional That was the positive
statement made. tonight by President
Thomas H. Williams of the New Cali
fernia jockey club. who arrived in the
afternoon from New York.
Williams has been in the east for sew
era1 weeks studying the conditions IN
der which the eastern tracks are oper-
ated since the ~oral betting" supplanted
tho old states and stools. He VIII con-
Ter with Secretary Martin Nathanson
tomorrow regarding racing plans and
viii leave for san Francisco tomorrow
night
While. as Iayman. / had thought
the law would be declared unconstitu-
tionaI.~ said williams. ION the ground
that apparently it is left to the court 10
decide whether the o1ense is misde-
meanor or a felony. the courts interpret
the laws and we viii abide by their de-
cision. The matter. OF course. viii go
totthe supreme court for final decision.
But the plans so far as racing is
concerned viii not he altered we will
hold q so day meeting at oakland
longer. I hope. No purse viii be less
than se5o. and if conditions warrant
there will be overnight handicaps OF
81 600 or more. No stake events have
been opened but we wiz be as liberal
with horesmen as possible. At con-
ference with Los Angeles interests in
New York we decided there would be
no attempt to race at Los Angeles.
We intend to obey the law, what
ever the courts may construe it 10 be-
II the Otis Walker bill is constitutional
ont go the bookies II any one is caught
betting on the grounds he viii be
eiected-- Here Williams smiled.
TT is quite possible some gentlemen
may wager with each other without our
being able TO detect them"
Tt is generally understood among
turfmen that williams Is, making his
fight for the survival OF the sport in
California facing a heavy loss. in the
hope that the next legislature, which
meets a year from January, will adjust
matters The czar Of the coast racing
practically is making the fight alone.
MONEY AVAILABLE
When asked as to the surplus avail
able williams said:
I'VE VIII have money TO pay all our
bills. Racing in 9 great game. can
not think the people Of California want
racing killed within its borders. and ]
look Tor public sentiment TO veer in IA
vor OF the turf Our club has made
money when racing fiourished feel we
should try to keep the game alive, not
ONLY for our love OF the sport, but also
FOR the poor fellows whose every cent
IS invested in racing strings. II open
betting is prohibited. il undoubtedly
means a loss. but we viii take il with
as good a face possible. II the law
should be knocked out in the supreme
court the old conditions viii prevail"