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A DECISION IN FAVOR OF RACING Wednesday October 21 the New York Court of Appeals handed down a decision which rein ¬ forces the present PercyGray Percy law lawThe laThe The decision affirms with costs the order of the low court in the case of the People ex rel reel Edward Weaver appellant against City Warden John Van De Carr of New York city This was an appeal from an order of the Appel Appeal ¬ late Division which affirmed an order of Special Term dismissing the writ of habeas corpus and remanding Weaver for trial trialWeaver trailbreaker Weaver was held In New York city on a com ¬ mitment fitment which sets forth that he was indicted for violating section 351 of the Penal Code better known as the section prohibiting pool selling and bookmaking It was urged that the statute was unconstitutional and that by rea area ¬ son thereof the relator relater was illegally held being held for violating an unconstitutional law Judge Martin writes the opinion in which all concur concurA concur A careful examination of the law ho says fails to show any provision authorizing gam game ¬ bling baling or poolselling bookselling In conclusion he says We think it cannot be fairly said that the provisions of this statute are in conflict with any of the provisions of the Constitution and hence it should be upheld
