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BETTING ON HORSE RACES IS NOT "A GAME." St. Louis Judge Holds that City Ordinances Defending Games of Chance Do Not Cover Racing. St. Louis, Mo., November 22. In quashing an information charging Fred Bergdorfer with conducting a handbook and accepting bets on foreign races, Judge Bilhartz in the Wyoming street police court this morning sustained the contention of Bergdorfers attorney, Howard Sidener, that horse racing is not a game of chance as viewed by the ordinances of the city of St. Louis, but one of blood, speed and endurance. Bergdorfer was arrested a month ago on information sworn to by policeman Cleggett, who says while wearing plain clothes he entered an office conducted by Bergdorfer and placed a bet of a dollar on a race run at a track in another city. When the case was called this morning Attorney Sidener made a motion to quash the Information on the ground that section 1404 of the revised ordinances of the city of St. Louis, under which the information was made, provided that the defendant must be guilty of using some device in carrying on a game of chance in order to obtain a conviction. Attorney Sidener contended that such a device was not used by Bergdorfer and quoted court decisions to prove that horse racing is not a contest of chance or luck as craps, poker, or faro, but one in which blood, endurance and relative speed were the main factors.
