New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-14
LOOPHOLE FOR RACING
IN BETTING DECISION
Rioht of individuals to Make
WauerS at Tracks Up
held by Court.
BooKMAKING NOT DEFINED
Much Amended Law Still
Leaves Question Open
May Revive Sport
of Kings"

decision by Justice Townsend
o-nddar Of tho Supreme Court Nassau
rorr-r iust made public, maintains the
l,u,t NJ individuals to bet privately on
rocerrack where betting is not car
o,,5 mn with paraphernalia and as
,,s,rass Racing interests seem to
.b,rl, that the decision will open the
nov for a revival of "the sport Of
kings"
The case I'm which the decision was
ron6ered was that of Paul Shane,
Who was arrested on June at
u,eetipp Of the United Hunts Racing
,ssociation at Belmont Park Termi-
al charged with the crime of book
,,,oIirg shane was held for exami-
nation by Charles f, Citizens, JUS
tice Of the peace Of Hampstead, Long
rsrsrd But before his case was
called John J. Graham, counsel for
the defendant, obtained a writ Of
babeas corpus, which was made re-
turnable Immediately. and argued
hat same day before Justice Scudder.
Mr. Graham and Charles 7. Nc
earthly. Assistant District Attorney,
submitted briefs. Samuel Marcus
counsel for the Society for the Pre-
yantion of Crime, asked permission
70 submit a brief, and this held up
the case for a time. Interest was
high as not only the directors Of the
United Hunts Racing Association
we're affected but also the directors
Of the Belmont Park Racing Associ-
alton, the owners and lessons of the
property at Belmont Park Terminal.
Shane Ordered Released.
Justice Scudder's decision orders the
release Of Shane, who had been placed
in the custody Of his counsel, and also
absolyes the directors Of any respon-
sibllity for his acts or Of any person
arrested in the same circumstances.
The court says that the informa-
ton lodged against Shane before the
Justice of the peace insufficiently
charges the commission Of the crime Of
bookmaking. The charge in substance
alleges that the defendant unlawfully,
wilfuIy and privately made several
bets orally and without writing, but
that a memorandum Of each Of the
bets was prepared by the opposite
party thereto and shown the de-
PENDANT
such an information the court
holds, fails to set forth the chief ele-
ments Of the crime Of bookmaking as
defined by the courts in that, among
other things, it fails to charge the de-
PENDANT 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 effecting through his
methods any passing Of money or prop
erty."
Shane according to a deposition by
Deputy Sheriff Michael Williams, was
walking about the grounds and making
oral bets with persons who handed him
a memorandum Of each wager.
The decision quotes an opinion of the
Court Of Appeals in the Lichtenstein
case, before the words with or without
writing were read into the present
statute. The case was decided in favor
of the defendant. Justice Scudder says
the constitution Of the state forbids
bookmaking, but does not define the
term, and neither does the amended
statute define it.
In trying to get at the intent of the
legislature Justice Scudder cites the
Lambrick case, in which Justice Cullen
interprets Section 9S6, before its
amendment, as being aimed at public
gambling, professional gamblers and
the maintenance Of gambling houses,
which alone have been subject to the
penalties Of the criminal law. Shane
was not charged with public gambling.
Il is alleged he did privately make
several bets"
The information also failed to allege
that be was one who engages" in max
ing bets-tne words used in the statute
as importing a community Of practice.
The court holds that engaging in book
making is betting, but ordinary bet
ting on hOrseracing is not a crime.
The Legislature has made it crime
to bet on prizefghts," says tine opinion.
IT can make it crime to bet on
horseraces. II has not done 50, and
the court is pOwerless TO do So"
As to the personal liability Of the
directors Of a racing association, the
court agrees with the District Attorney
that the directors liability law requires
knowledge of the acts constituting the
crime on the part Of the persons ac-
cused, and ends: The law will not
Permit the conviction Of the owner of
a racetrack who has no knowledge Of
me tact that boOkmaking mot ordinary
oelling) is going on upon his premises"
The court mildly rebukes counsel for
, the Society for the Prevention of
Cnme. whose brief expressed grave
uoubt that the whole case against
shame was collusive.