New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-06-15
BLOW FOR RACING MEN.
Justice AspinaiI UphoIds Agnew-
Hart Law as Constitutional.
INDICTED MEN FACE TRIAL
No Appeal Possible Now Until
Case Has Been Passed Upon
by Trial Court.

Holding that tire Agnew-Hart antl-race-
track gambling law was constitutional jus
tice Aspinall OF the Supreme Court passed
yesterday upon the applications of the
Brooklyn and Coney Island Jockey clubs
and ten alleged bookmakers for the dismiS-
sal of the indictments found against them
under the law last September. The app'i-
cations were refused. The clubs are
charged with conspiracy and the men with
bookmaking.
District Attorney Clarke said yesterday
that there could he no appeal from the de-
cision. The losers must await the outcome
Of their trials next fall and may appeal
then. if they want to:
Three motions were before the justice
shortly after the indictments had been
found. one Was for the dismissal of all
the indictments. Another demurred TO each
OF the indictments. A third was for the
privilege Of examining the grand jury min
utes The lest request is refused as an
attempt to get al the evidence against the
defendants The two other applications
are put aside by the statement that the in
dictments were found Under valid law
for good reason
The argument on the three motions was
made last December John 3 Stanchfeld
appeared with Charles H. Tuttle for the de
PENDANTS and Mr. Clarke represented the
people Two questions were involved in
the argument. The first was as TO the CON
stitufionality Of the law. The second was
SIS to whether the passage of the compila-
tons of the Board of Statutory Revision
the so-called consolidated lsws-had the eff
feet Of making the law constitutional and
valid. II il was not so originally.
Mr.. Stanchfield argued that If the law
was not constitutional and valid at first.
the passage of the compilation did not
make il so. for the repassage Gid not re-
enact but merely recognized a rearrange-
nent. Justice Asphalt threw this argu-
raent to one side as irrelevant. and held
that the original passage was valid. The
other point he said would be an interest
ing one for the higher courts TO pass upon
Mr.. Stanchfield held that the apportion-
rnent act Of 1901 which consolidated Or
leans and Niagara counties as the 47th
Senatorial District. was not constitutional
and that the representative of that dis
t-ict had no constitutional right to seat
Il was his vote that passed the law, the
vote standing 26 10 y in its favor MI
Clarke argued that the people had a right
10 their Representative and that his acts
and those Of even an unconstitutionally
elected Senate should be Fecosnlzeo dS
valid
Regarding this the chief point in the Gu
tire discussion. Justice Aspinall said:
4 am Of the opinion that the apporton-
nnent act of 1907 is constitutional and that
the Hart-Agnew bill received a constitu-
tional majority Of the lawful votes in the
Senate on the 18th day of June, 1905, and
is therefore in reality a valid and binding
statute and should be respected and
obeyed."
Joseph S. Auerbach. counsel for the
Jockey Club. said at Gravesend yesterday
through Andrew Miller that Justice Aspin-
ais decision was only a preliminary one
TO pave the way for trial, and THAT if the
case then was decided against the racing
associations it might be considered advis-
able TO appeal