New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-16
AUGUST BELMONT SEES
CHANCE FOR RACING
Thinks Decision of Supreme
Court Justice SCudder
Highly Encouraging.
WHERE THE SHOE PUNCHED
Big Tracks Closed, He Admits,
Because Directors Would
Not Run the Risk of
Being Indicted.

August Belmont, chairman OF the
Jockey Club, would not say definitely
yesterday that the decision handed down
by Justice Townsend SCudder OF the Su-
preme Court, late Saturday evening IN the
case of Paul Shane, who was arrested last
June on the charge Of bOokmahns, meant
the quick resumpti0n-of racing, but he dld
say that it was most encouraging.
After a meeting Of the Stewards Mid
day Club yesterday at which the decision
was discussed by Harry K. Knapp
Schuyler L. Parsons, Andrew Miller,
Frank r. Hitchcock and Mr. Belmont, the
last named gave out the following state
ment:
The decision Is encouraging. The vital
feature IS that when no4ds a director not
20 Bc liable for Illegal acts comImtteu
without las knowledge.
The great race courses in this state were
closed because no one connected Win
their directOTates would run the risk-aS
law abiding clLzens-Oi Indictment.
The great racing interests or tnis state
depended upon the sense OF justice OK tne
Legislature 10 remove what pslpaoly
turned out not 10 be cure for gambling
but death blow to racing, an institution
which by It's own unTepealed acts remain
ed authorized by the Legislature and pre-
sided over by commission appointed Dy
the Governor Of the state.
As 20 the provision Of the amended law
Of 1910 making DO. kmakiHg without writ
Ing . penal offence, the decision Is re-
lief, for That provision could serve only
as an engine OF prosecution.
No such process OF betting exists as
mental bOOkmaking, and definition could
be secured only through prosecutions arls-
ing from supposable cases OF betting, the
public IN the meanwhile remaining in a
state Of uncertainty as TO whether at
tendance al a raCecourss was either
safe or respectable pastime.
With the public In such frame OF
mind the opening OF the metropolitan
tracks, attended as they are with great
expense would result IN financial ruin.
No doubt the prosecution viii take this
decision 20 the Court OF Appeals. II they
do not the public VIII be justified in con-
sdering such q failure q piece OF bad
faith on the part of those claiming a real
desire 10 suppress bookmaKinS at the race
courses. ....r'
with regard to the subject Of beokmak-
ing, Il must not be forgotten that what
ever the outcome OF this decision the
amendments 10 the Percy-Gray law would
be still in force and no Eeyiyal, OF book
making would be possible. Moreover,
there IS 10 desire on the part OF the rae
Ing associations that II should be revived.
All that the race courses and the Jockey
Club ask is p definite Interpretation Of the
law. that they may know where they
stand and conduct race meetings strictly
within the law ...... .....
IL must be said that a great prejudice
exists against the bOOkmaker, his infiu-
erca and his connection with racing "
has been rr0vad I'm the West tha' the only
effective way FOR his elimination Is through
the establishment ~ the 'parl mutuel' or
what is called the French mutual form or
betting.
Justice scudder's decision ordered the
release OF Shane. who had been placed
in the custody OF his counsel, and also
ahsolved the directors Of any resnonsi-
bnltv for HIS acts or OF any person ar
rested In the same circumstances.
The court ruled that the information
lodged against Shane before the justice
Of the peace insuficienty charged the
commission Of the crime OF bookmaking
The charge IN substance alleged that the
defendant unlawfully. wilfully and pri-
yately made several bets orally and with
out writing. but that memorandum OF
each OF the bets was prepared by the OPP
posite party thereto and shown the de-
PENDANT.
"Such an information" the court held,
falls TO set forth the chief elements OF
the crime Of bookmaking as defined by
the courts I'm that, among other things IT
fails 10 charge the defendant with the
public quoting and offering OF odds, with
the soliciting Of bets, with inducing the
public to take chances with him in any
scheme Of odds and with etrecting
through his methods any passing OF
money or property"
AS 70 the personal liability OF the direc-
tors OF a racing association, the court
agreed with the District Attorney that
the directors liability law requires knowi-
edge Of the acts constituting the crime on
the part OF the persons accused, and
ended:
1.-THE law will not permit the conviction
OF the owner OF racetrack who has no
knowledge of the fact that bookmaking
(not ordinary betting) Is going on upon
his premises
II the case is carried to the Court OF APP
peals and the decision upheld the chances
appear favorable for opening the gates
OF some Of the big tracks in the metro
polltan district next spring.