Great Test Case Through Cavanagh.: Commencement of One is Likely to Come If Former Betting Manager Is Indicted., Daily Racing Form, 1908-07-11


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GREAT TEST CASE THROUGH CAVANAGH Commencement of One is Likely to Come If Former Betting Manager Is Indicted New York July 10 The calling of John Cavuuagh and his assistants before the grand jury makes it plain that an attempt Is being made by Governor Hughes and his direct aides to prove connection be ¬ tween Cavanagh the former manager of the betting ring and the race track owners who according to the statement of acting District Attorrey Elder have received a revenue from bookmakers for the privilege of doing business at the track trackCavanagh Cavanagh declares that he has never sold privileges to bookmakers or anybody else and that the sale of advance Information is strictly a private business venture The advance Information has been sold to all persons who wished to get the names oC the Jockeys and starters ten minutes before they were publicly posted The slips have also been handed to the newspapers to facilitate the sending of re ¬ ports from the track Cavanagh never has received u salary from the race tracks for conducting affairs in the betting ring He was permitted to sell sta ¬ tionery to lxx kmakers and others before the new law was passed It was also his privilege to gather the advance information which has grown into a profitable business businessCavanagh Cavanagh has repeatedly stated that the racing associations have never received one dollar of the profits accruing from his privileges in the ring ringIt It Is likely that Cavanaghs indictment will make the grand test case against the HartAgnew law He will probably be charged under that law with aiding and abetting bookmaklng and gambling on the metropolitan race tracks tracksThere There is sharp demand here that a real test case be started at once A writer in the Telegraph de ¬ fines public opinion as it is applied to the racing situation in this way wayIt It is due the Jockey Club from itself and it is due the lovers of racing from the Jockey Club that a radical test be made of the law Governor Hughes forced through the legislature This test was ex ¬ pected immediately upon the signing of the statute and its taking effect It should not be delayed delayedAttorneys Attorneys for the Jockey Club and lawyers in general in proportion of seven out of ten assert the Invalidity of the Hughes law for the prevention of racing They baee their argument on the In ¬ formality the illegality of the election of Senator Wallace who took the deceased Franchots place Here is a vital law point in dispute with the courts open for its final fcettlement fcettlementJust Just by way of settlement of a debatable ques ¬ tion the entire matter should be gone through In au upper court The Jockey Club is the body upon which devolves the duty of testing the law The Jockey Club rules govern racing and racing men therefore the Jockey Club should assure itself that the statute laws affecting the turf are legally enacted It Is possible the Jockey Club is awaiting until after the political conventions before making the supreme test of the virtue of this Hughes law I have heard It suggested that none will be made until after the nominees are decided upon by the parties anfl bosses and handed put to the waiting elector

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