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VITAL POINTS OF JUDGE BISCHOFFS DECISION New York July 3 Some of the vital points In Judge Bischoffs decision of Thursday afternoon are as follows followsI I cannot hold that section 351 fairly imparts that a bet or the receipt of the thing wagered Is i crime The whole scheme of the section appears upon a reasonable reading to relate to bookmaking and pool selling that is to the business oC taklusr and recording bets and wagers and to acts which are incidental to that business The very words of the clause under which the relator is held would seem indeed to exclude the meaning that the bet received described money won as a result of a bet since from the context it Is apparent that what is contemplated is the act oC receiving registering recording or forwarding the subject of a wager as yet undetermined before not after It is won or lost lostThis This section of the penal code has actually no reference to the case of a bet made between Indi ¬ viduals without the intermediate office of a stake holder nor to the winners receipt of the money or other thing of value transferred to him by the loser when the event is determined determinedThe The justice also said that there has always been a distinction between betting or gambling anil main t lining a gamblinghouse Wagers he said were legal in common law but a gamblinghouse might be indicted as a public nuisance nuisanceIf If Collins were guilty of a crime the justice said then every wager on a contingent event if fol ¬ lowed by tho receipt of something by the winner would place the latter within reach of the criminal law The consequences of criminality would descend alike upon the successful participant in a radio conducted for religious or charitable purposes upon the girl whoso partisanship for college has been re ¬ warded by the winning of gloves or candy through its athletic fulfillment upon the messenger who with knowledge carries from loser to winner tho thing won and upon all who bet upon anything ex ¬ cept possibly a certainty where the bet is paid
