The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-04
PLEA FOR THE UGCETUACKS
A. ERBiCH IRGJES MlINST
-PERkINN BIIIN.
Ne TeIs the t!uN,ruoF a. iirarinE n
AIhany That Thel Are Ambiguous and
Non.Tnfur-rahle aud VIA, Do Great
DAMAGE To- Vast Property Interests

afternoon Istrn-d 20 arguments ~ Joseph
? Nuprbach. representing 10" jockey
Club rontending that tho Agnev Perkins
bills rrnhhitiug oral h"pkmaklng and
making directors NJ racing associations
uaile for gambling on the track, ver" am
bicuous and would prove unsniorceahle
Mr. Auerhach came her" nst"nslhly TO-
tho rptpnse of having Gov Hughes eluci-
date tho intention Ut the dN'I-oral betting
bills. Int ,hr Governor It'd not attempt 10
interpret these Proposed laws further
than io Indicate that the liability which
would b. placed upon the directors ~ rae
ing associations vas ~ different from the
liability placed upon Oh" directors OF other
organizations ur corporations whsre the
facts we're the same. mon" particularly
directors ~ organizations which mo
rrc,e sports other than racing.
SIR Auerhach argued that either the
O. .gInll Ngncv Hart anti betting laws
should M, he amended until IN" Court Ut
Appeals had ras-ssl upon pending huga-
ti-n grow Ing out of an attempt to "ntorc"
these laws d. year IN Kings county OF
elfe the Governor at tho extra session OF
tho LEGISLATURE should have new amend
rren's drafte IN meet the oral betting
ti'uatiun whl,h would make PLAIN lust
what 10 vas Intended 70 accomplish Mr..
Auerhach said that thoss who favored
tho Agnew- Per sins bills nov before the
Governor INSISTED that they lid not oppose
private betting. and vet thes" bills would
wipe olt private betting
Nlr. AuerhaCh rcfarred 10 tho Nevcomb
amendment defining oral hookmakIng
which vas adopted nv the senate and
aftervard eliminated az the request Of
the Governor H. said that this amend
n-nt should not have been eliminated
merely because % Nas sirmised that the
professional bookua kers would organize
= club and carr on their practices under
the euise Of hstting between members
senator Aglew, Dr. Walter 4. laidlaw
n Brooklvn and The Rev -. r. Miller,
representing the International Reform
Bureau. spoke briefly IN favor OF the bills.
They ,aid the bills had boon given full
consideration N the Legislature. that
the hookmakers nov were able % carry
on oral bookmaking with the aid ~ as
sistants and that the amendments we're
desired bv the moral sense OF the State
Mr.. Auerhach said thai he had nothing
70 advance in extenuatlon II his repre-
sentation 81 the Jockey Club ~ the so
called bookmakers whsn their arrest
was an INVASION Of the rights Ol the rac-
ing interests He mad represented them
not because h. had interest m racing or
betting but rCCause the principle IN
volved In ,hose prosecutioVs was ons
which coUld not Ia" surrendered hy the
Engrsh speaking world except a. -
perth And h. added that the Jockey
Cmh's course throughout these h'iCa'fons
hEd been 80 reasonable In ~ ola
and contention, that % hal i-'en uIt.-
formlv sIccesstli and that be- hoped tar
success now tu an equally reasonable
protest.
li'er il passage "a" Hart Agnew law
which this seeks 'o amend said Nr Auer-
bach. was iut-rpi pted hy pr scouting
nficers M "A Nav held by the courts o. be
not justified and sc1raz q arrests were
made upon the theory and proposition
II law that a mere bet constituted n crime.
u was only months after the raids were
made and indictments found that the
Court VI Appeals declared these prus-C,I-
ticns to ne without warrant - law and
thew were discontinued. bat the injury
n the vast property interests and the in
dignity o. individuals had Heen complete
and was hay0nd redress before the court
fnade this declaration
Discussing the hills making directors
end officers q racing associations liable
for gambling Mr. Auerbach sad
..F 3D.. b..
ing with the sub unrfive intent " .'h witch
the gambiing premises are us"L make D.
possible for prosecutions fD take place
where PREMISE might 30 casually u-si
f0r gambling OF even for the masking OF
bets. Tor the place m order 200 agrn pro.-
scution would not have 200 30 designed
for such uss ami u might boz bell 20 lrp..
q the directors Of railway corporal 0n-
Who permitted games Of cards for stakes
N be plaved on suburban trains a.. vla
generally tlN prart.oa to prnrFir'or- mo-
owners Of hotel, who permitted E1m-- ~
Cards Tor stakes Oh he played 100 their rooms.
even 20 me governors Of clubs uhp permitted
ganrs OF cards Tor stakes rp ne u.Hrr.
or % the ownsr- 1f private house,.
Personally ! have yer. ..'rIs Interest fr
the disposition Won make p. these billie N-
an advocate ~ course. Z have an utarsaI.
but overshadowIug that z believe. I- nv
conviction a. awyer having regard FOB
Ihe best traditions oi his prof cssI1n ant a.
a citizen not 10 urge up0u rou am
course Of action which would derri,f one
iot or TITLE from the hivh rcpute n whirh
all .ane men hold YOU ami your oon'ribu-
tion - the time Ths' is o p0--p on NOT
merely oi the community but nj me 70
public. not ~ be lightly regarded a. time
when there is M eNreEs nj men IN me public
p4ryiee who pos-sss high prime Iples ant are
well balanced in thought and conduct
am not gnmuIg4l 81 fts fact that 10
IL sad and that n = doubtless true thar
the principle ~ these hills ha. m q sen.a
your general approval. ana perhaps fhelr
form YOUR gua-I approval and perhaps
you entertain the view maj 10 - essential
q the welfare oi m" community that some
such bills a. trese should he on the statute
hooks Ant yet / cannot persuade myself
that fhs rreIImuarr l.cw will be ron
troll. az With Eou 10 fh- emf
Whsr politicians may DO m Legislatures
may % Hc'uafe0 nr the motives Of p0lirr
which fraouenrig control fhe1. j. n li'tle
cr 60 m0mou' because PEOPLE appfaise
t.efr 6ondur' af .fs true value bur when
ore with your record your character and
ysIr rnI ne doe. 40 0f7Cisi 49, DO neoome~ a
rretadel' f1r 0'hNrs. and no more uu.
fortunate pre- eden' m nv opinion sould bs
Fe' nan that rfase bob. should la,ome the
l.v 90 fF.s ~fass
Your repute ~ something uhIoh YOU have
10 kerr.8u a. veil ~ go A. yOu 20 from
vrII present 1.. .rgIIshe1 noz'ion 10 r.
position r'Il more Distinguished pan con.
,e.v, ~ mo- -ra 'er misfortune 'hat could