New-York tribune., 1909-06-09
CANON CHASE ON BETS.
Discusses Relation of "Bookmaking
and "BOOkkeemng."

To the Editor Of The Tribune.
Sir desire to call your attention 20 the fact that
very important argument the gambling ard
oookmakng question viii probably occur before
the Court of Appeals on Thursday Of this week at
> p.
The cases are: People of State OF New York ex
rel Orlando Jones and Sol ILchtenstein.
The bookmakers trying to have 1t postponed
over the summer. as TO get the profits Of an
other season. but probably will not succeed
There is a great danger however. that the Court
OF Appeals will not reverse the decision in the
lower courts.
The bookmakers claim though the Hart-A gnew
law Of last year forbids bookmaking. that it is
not bookmaking II a public betting business is
conducted unless there is printed or written pub
fishing Of odds and a recording OF bets.
The point AT issue is clearly shown by Judge
Gaynors statement of the opinion Of the Appellate
Division:
Bookmaking, according TO decision of Appellate
Division by Judge Gaynor.
of -1isderneanor penal code Sertf6n sUT5y b
Information and the warrant against the relator
making. The Information has to state facts which
constitute bookmakng tCode Criminal Procedure
Section 742; People agt- Corbalis, f73 New York
5!6; People agt. Piion, IS Hun. a; People agt.
Miller NJ 81 Appellate Division; 255) 1t does not do
and lay odds to many persons specifying the said
persons the terms on which ne was willing to bet
with the said persons against the horses, on the
and did bet $500 70 $500 with person named that
would no q ion
of writing OF recording Of anything.
The leztned counsel for the people admits there
making means only the maxi up by one of. a
plan Or system, called a book Of odds to be fol-
though it may be written recorded does not need
% 90 Ge DIo nay 5 % m NJ n ap @ GoTo r o IN ms TTIS TS
is not so There can he no hooknaking without
used in the Penal Code implies the use of a book
sheets of paper. a bulletin board some such
thing. This is the genesis Of the word. It is not
necessary to enter upon precise definition, no
facts Of writing recording being alleged.
The other side Of the question was clearly set
forth In the report Of the special commissioner,
George w Schurman Governor Hughes upon
the charges against Sheriff Bradley of Saratoga
County in which he exonerated the Sheriff. Com
missioner Schurman said
the bookmakns'9 prohibited by Section SSi of the
Penal Code is the recording Of the wagers and that
without proof OF such recording, there be
sufficient proof of ''bookmaking" If this conten-
tlon sound 1t would far toward dsposing
of these charges. for. as already stated the evil
dence. however suggestive is legally insufficient
warrant a finding that wigers were generally
openly recorded. But there be no good
for adopting this narrow construction of the
statutes, which involves a confusion OF bOokkeep-
ing with ''bookmaking.' recording department
would doubtless be convenient in the conduct of
any well organized and flourishing bookmaking
charge But this is not essential and its existence
would only be incident to the actual business
self. Importance possible incident is
recognized in the same statute which prohibits not
registering of bets wagers but the incident was
not thereby confused with the main business itself
Indeed the fact that each Is separately dealt with
strongly confirms the view that recording was not
regarded a necessary part of 'boCkmakng.''
1t is reasonable to suppose that the Legis-
lature. following the constitutional mandate. in
tended prohibit the business of "bOokma king
without regard the particular forms that might
be resorted to in carrying it on.
am sure the public will note with interest which
side our Court of Appeals will take in this great
moral issue, which stirred the people year.
VIII the Court of Appeals so interpret the law
that q public gambling business, which is essen
TALLY that of bookmaking. which the law expressly
forbds will still be permitted under the plea that
the bookkeeping and the written printed ad-
vertising'' features of the business have been
omitted and that it is longer 'bookma king? |
WILLIAM SHEAFE CHASE
No 4s1 Bedford avenue. Brooklyn.