The Birmingham age-herald., 1912-02-11
THE RAGING LAW
 MAY BE AMENDED County Fairs are Interfered With By Present Code HORSES ARE HOMESICK Henry Ziegler Tells a Story of How Famous Horses Became Home-
 sick for Sight of Negro.
 Not in Austria
HORSES ARE HOMESICK
By JAMES DOCKERALL

New York, February 1O.-(Special.)-It' a hard matter to make general law which will hit the parties aimed at, and nobody else.
 And on this fact may depend the future of horse racing in New York state. The anti-rate track betting bill, for instance, was aimed at the big race tracks, but racing always has been and always will be an important feature of the American county fair. Now the law makes dirsc- tors of racing tracks personally responsi- ble for any violation of the anti betting law on the tracks they control, whether they know anything about it or not. And this applies to the directors of county fairs as well as to directors of the big race tracks.
 If John Smith or John Brown put up a dollar on the 2:50 trot the directors Of the fair may be prosecuted.
 Hence the county fair people are after an amendment to that section of the law and with the help of the race track men may get it.
 The members of the legislature interest ed in racing have taken a fresh start and they are hopeful that the amendments to the law will be passed. In their bills they do not attempt to reinstate book making. All they ask is that the owners be relieved of responsibility for illegal
  I That sounds like fair proposition, but | the men opposed to racing know that sc- called liability law is the one wallop with which racing was knocked out l Therefore they will fight repeal of that clause in the law. If the reliability clause 1 is amended the track owners will revive | the sport and take chance on knocking | out the bookmakers.
 l Unless there is such an amendment to | the law there will be no racing around | New York. While men like August Bel mont will not discuss the matter for the newspapers, it is well known that they are not going to put themselves in the position of being arrested for bet made | between Bill Jones and John Smith out at Sheepshead Bay.
 Another amendment and one which is being widely discussed is a clause that would define what is meant by "boon- | making with or without writing' Every body understands the meaning of "boox- making with writing and the courts have passed on it, but the courts have never given a decision on their construc- l ton of the law in so far as it applies to "bookmaking without writing." That is generally understood to mean oral bet ting, where the odds are posted and no written records made of the wagers. Tn the present effort to restore racing there appears to be no desire to return to
 
 customary, however, for men to make bets between themselves. In the Lambert case it is clearly pointed out that this $ not a violation of the law. Now the fol- lowers of the ponies want the legislature to accurately define "bookmaling without writing" On that hinges the whole thing, so far as the betting is concerned. The race track owners are quite Willing | to open up their tracks again if they can be relieved of the liability" clause They are willing to take chance on the sport succeeding without bookmaking. The Lambert case has definitely shown the legality of he personal wager and if that is permitted there is no reason why the horses shouldn't start again and draw big crowds into the gates.
 But-and this is a big but"-too-unless that liability" clause is cut out the tracks won't be opened. Once they get the gates open the other will be easy It is up to the legislature to open the gates.
 Are horses ever homesick? They are.
 There comes from Henry Ziegler of Gin cinnati, who has been in Paris for some time racing some of his horses. an inter esting story concerning the grand old race sire, Hepmis The horse was recently sold to wealthy Parisian for sum said to reach six figures.
 When he had Hermis shipped to Zeg  horse out The handsome animal ap- peared to be sick. Zegler was very much worried. A veterinary examined the horse, but could find nothing the matter with it, and declared it we'll and sound.
 "Wonder. if he isn't homesick," unused Ziegler No one believed that horse could become homesick, and the doctor said it was impossible. Hermiq had been brought from a farm near Lexington, Ky, and his attendants had all been col cred men.
 Ziegler worried for several days over the actions of his horse. Hermis seemed to go into a decline One day colored man walked down the road. Ziegler saw him. He was the first colored man Zieg- Ter had seen for long time. Like a flash the thought came to him that Hermis 1 might be longing for his old associates. Ziegler stopped the man. who spoke little English and plenty of French.