New-York tribune., 1913-06-18
TECHNICALLY BLOCKS
GAMBLING LAW RULING
Court of Appeals DiSmisses
Paul Shane Case Because
Not Properly Brought.
RACING MEN DISAPPOINTED
Had Hoped for a Final Decision
as to Whether Oral Wagers
Violate the Anti Gam
bling Statute.
[By Telegraph to The Tribune. !

Albany, June 17.-Without passing on
its merits. the Court of Appeals dis
missed the appeal i'm the Paul Shane case
to-day, upon which an Interpretation Of
the anti-gambling laws was sought
The courts action was on the ground
that "the appeal was not taken in the
name Of the people. as required by Sec
ton 2,O59 OF the Code of Civil Proce-
dure." No opinion was given. the case
being dropped on technicality, as il
appears that the appeal was taken in the
name Of Charles +. Citizens a justice OF
the peace in the town OF Hampstead, and
consequently did not properly come be-
fore the court.
The effect Of the dismissal will sus-
tain for the present the ruling Of Jus
tice Scudder, which was sustained by
the Appellate Division. that wagers
made orally between individuals are not
a violation Of the law or within rne
statute prohibiting bookmaking
Paul Shane was arrested at one of the
amateur race meetings on June last
year. charged with violating the anti
gambling laws in accepting wagers
which were recorded by the individuals
placing them. but not by himself. A
writ OF habeas corpus directing his re-
lease from custody was sustained first
by Supreme Court Justice Scudder and
later by the Appellate Division, I'd De-
partment.
The appeal was then taken by Charles
T. Citizens, before whom Shane was first
arraigned
Those who supported the law hold that
the definition OF a bookmaker was "one
who engages In gambling on racetracks
as business" and that whether the bets
were oral or not did not alter the offence.
The Interpretation OF the law by the
Appellate Division. which does not make
oral betting an offence, now stands until
the case IS again taken 10 the Court OF
Appeals, which cannot be done until the
fall
The law provides that amy person who
engages in bookmaking with or without
writing is guilty OF a misdemeanor," and
II is on this question OF bookmaking that
the case hinges.
Although Governor Suzer declined 10
comment on the courts action specif-
cally, he said he had heard many reports
that gambling was being carried on at
the Belmont Park racetrsck and had
written TO the District Attorney of the
county several letters directing that the
law be lived up 10 and requesting him 70
secure evidence II the law was being
violated.
The executive added that If he could
secure proof that gambling wae being
carried on in violation of the law he
would stop racing at the Belmont track.
He said however, that he could take no
action until evidence of violation OF the
law was laid before him.
The news that the Court OF Appeals had
dismissed the Shane case spread quickly
at Belmont Park Yesterday.
August Belmont. chairman of the
Jockey Club. said that he and his associ-
ates were disappointed that a final deci-
sion had been postponed because Of a
technicality in making the appeal. he
added that racing would go on as ar
ranged, with every effort TO see that the
law on oral betting as interpreted by the
Appellate Division was closely observed.