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GOSSIP OF THS TUBF. Concerning tbe latest Missouri decision about bookmaking last Sundays St. Louis Republic said: "Judge Willis H. Clark of tbe Court of Criminal Correction yesterday rendered his decision holding the breeders law, under which the poolroom men must be prosecuted, constitutional. It means that the downtown poolrooms will be closed. .Chief of Police Campbell, as scon as he heard of the decision, immediately ordered another raid, which took place yesterday afternoon. All tho poolrooms were closed and tbe operators placed under arrest. Chief Campbell said tbere would be no abatement in the raids and the prosecutions would be as vigorous as special counsel could make them. "Judge Clark, in passing upon the law, handed down no written opinion from tho bench. A motion to quash the information on which a dozen or more bookmakers were arrested had been interposed by their counsel. In support of their position they argued that the breeders law was unconstitutional, tbat it waa class legislation and was incorrectly framed. Judge Clark simply said he would overrule the motions, forcing the cases to trial. "After leaving the bench, Judge Clark was seen by a reporter for Tbe Eepnblic. " I have no long opinion to give, he said, I hold that the law is constitutional in both form and meaning. The poolroom cases must go to trial upon their merits. Gambling is a recognized evil, which tbe law hss the right to prohibit. Some evilB, however, cannot be wholly wiped out and the legislature reserves to itself the right to regulate them, which more often produces better results than total prohibition. " In the case of pool-making, the legislature has sought to regulate the evil and restrict it to the smallest bounds. A license system is established by which no one shall sell pools on horse races unless he complies with the law of the state and obtains a permit from the state auditor. Tbe spirit of the law is in accord with the constitution, and its form is good. When these two things are taken into consideration, I do not think it within the province of an inferior court to hold the law unconstitutional. That is the province of higher courts. " What about class legislation? was asked. " It is not class legislation that I can see. There are only the two classes those who have secured permits and are entitled to sell pools, and those who are lawbreakers. "Judge Clark was aBked about the point made by Attorney Nolsnd for the Police Board that the license system unoer the present law was subject to a more liberal interpretation by the court. Nolan contended tbat if a bookmaker received a state permit he could not only sell upon the race course designated in the permit, but could sell anywhere within that Btate. " I am not ready to answer that question yet. It is merely a side issue to the case in hand. If I have a case involving such circumstances I will render an opinion thin. At present I hold the law to the letter. "J ndgetDavid Murphy, who preceded Judge Clark, held that the law was unconstitutional." S. J. Jones, of Portland, Ore., haB sold his Hanover Btallion Handsome to J. D. Neat, of Versailles, Ky., for ,000 Handsome is a bay stallion, shed by. Hanover, out of Cinderella, dam of Fenier, Plaudit and Hastings, by Tomahawk or Blue Buin, and was bred and raised by Mr. Neet, bis pretent owner, who also owns his dam. Handsome was quite a racehorse before going wrong. He won tho Hyde Park Stake for two-year-olda, valued at 2,875, over a distance of three-quarters of a mile in 1:14 with 118 pounds up, but his best record at. tbat distance is 1:13 with . Ill pounds. He was brought to San Francitco by Ed Corrigan. who had hoped to get him in condition, but his bad leg went wrong again and Mr. Corrigan sold him to Jones for a song, in the eprirg of 1897. Mr. Jones has fifteen : yearlings by him and bred ten mares to him . thiB season. This horEe is a great loss to the ; thoroughbred breeders of Oregon, for there are ; but few better horses any where, than Hancsome. , Hanover, his sire, is dead, and there are but , thirty-eight of his get of colts, which enhances , the value of a hoise bred like Handscms Port- i land Rural Spirit. j Bit of Fashion, the Ally that Burns and Water-house purchased in St. Louis last summer, broke down in the Stanford Stakoa Wednesday. ; The daughter of Forest closed favorite in the , betting, and rounding the turn for home it looked as if the would overhaul Bathes. From there on the did not gain any ground and was beaten , two lengths by Bathos. On tho way back to tho . stand Thome dismounted from Bit of Fashion and Dr. Rowell nude an examination of tbe filly. He found that tbe suspensory ligament of the front leg was ruptured and it is thought that Bit of Fashion is hopelessly broken down. It is believed thet the filly Btepped in a hole. The filly showed good form at St Louis and it was expected that she would develop into a high class performer. She is a chestnut filly by ForeBt Welcome, a mare by Mortemer and was bred by J. B. Malone of Gallatin, Tennessee. S. F. Breeder and Sportsman. The stewards of the Washington Jockey Club concluded their tfficial inquiry into the Sibley case Tuesdsy. They ordered the suspension of Mclneiny, tbe jockey who rode Sibley, directed that his jeekey bsde be taken up, and that ho ba excluded from the grounds, and recr name nded to tbe National Hunt and Steeplechaaa Association that he be ruled off. Sibley is owned by F. D. Beard of Brooklyn. On tbe opening day of tbe present Washington meeting Sibley won a steeplechase at odds of 20 to 1 lik a good cross-country horse. Last Saturday, his next appearance in a like race, he met virtual!? the same company, and, after opening favorite, went to 5s and 6s, a couple of the booksloying8 to 1 against his chances. He wa9 rating in fourth position during the running of the race, going easily, until the fourth obstacle, where Mclnerny tumbled off. The fall smacked bo strongly of fraud that the st owards immediately began an investigation. P. J. Dwyer has Beven yearlings and Ave of the older division for Frank McCabe to take charge of this winter. Tho yearlings are a decidedly useful lot. One of the best-looking colts on the track, a chestnut by Hindoo, is the general favorite of the youngsters in thiB string. Of the older horses Rochester, the two-year-old by Potomac Lavinia Belle, waB added to the list some two. months back. Others of the lot have been blistered for slight ailments. His Royal Highness, for whom Mr. Dwyer paid ,00 at the Gideon and Daly sale, has been punch fired and blistered in front. He is thickening into a particularly flue looking colt. McCabe says of him: "I know he can run half a mile in 471 seconds. All that I have to do iB to make him carry his great speed over a distance of ground." Major Henry C. McDowell, one of the best known citizens of Kentucky and father of the well k nown turfman T. C. McDowell, died at his homo near Lexington, last week, Major ! McDowell wcd aistinction in the Civil .war, . : . ; ; , , , i j ; , , . serving on tbe staff of Gen. Rosecrans. He married tho grand-daughter of Henry Clay and lived at the famous Clay family seat Ashland. Many noted runt ers and trotters have in the course of years come from Ashland since Major McDowell became its master Lily Dale is the name that has been chosen for a chestnut filly foaled last March by Magnet Hazel D., by George Kinney, second dam Flitaway full sister to Carrie C. by Sensation. It will be seen tbat this young miss iB bred something like Jean Beraud as that horse is out of Carrie C, and his sire by The 111 Ueod, the sire of Magnets dam. Lily Dalo is now at Charles Boots stock farm near 3an Jose, looking and doing well. She is the property of A. Wrisht and Co., of San Francisco. YparliDgs entered in suh great events as the Futurity, The Matron or the National Stallion stakes always sell for a much higher average than those not so ongaged. This is thoroughly understood by Buch sagacious and highly successful breeders as J. B. Hoggin, Milton Young, Col. W. 8. Barnes, Gea. W. H. Jackson, Williams and Radford and others whose yearlinga annually head the averages because of being well engaged as well as well bred. By such broad minded and enterprising men the offering of the splendid California Futurity will be hailed with comprehension of tbe fact that it means tho opening of a new field to eastern breeders that ia bound to further enhance the market value of their annual crops of yearlings By reason of the time Bet for its decision, two-year-olds can fill their engagements, in the big eastern stakes in September and October, with ample time left to make the trip to California and be prepared bo as to be ready to start for this new prize as fit as fit can be. Besides this is the highly important fact that the Tanforan Park cfBcials have felt obliged to follow the hot pace set by Dresidett Tom Williams and have also announced three valuable stakes for two-year-olds, one of which, The Western Produce Stakes, haB the princely sum of ,000 added. Such stakes put California racing in the front rank and the eastern breeders will hardly fail to take advantage of tho new and greatly changed conditions,
