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ELDERS VIEW OF THE HARTAGNEW LAW Holds That Any Manner of Betting Is a Direct Vio ¬ lation of the Statute The indictment of a number of persons for alleged violation of the New York laws concerning betting is of importance only as one of the steps leading to an ultimate decisive construction of the validity or otherwise of the HartAgnew law In the Collins habeas corpus case Justice BiscbofT of the Supreme Court held that a bet between individuals is no offense against the law pointing out that the legis ¬ lature had rejected a measure the express purpose of which was to make such betting a misdemeanor misdemeanorBut But Acting District Attorney Elder holds that the law is prohibitory of betting in any manner and bis course of procedure is based on that contention In a ca e argued before Judge Dike in Brooklyn a few days ago be made his position clear when he said saidIf If a man were to actively engage in the business of taking or making bets at the track and were to employ clerks it would be a comparatively easy matter to prove that he was a professional or business Ivettor But so long as he carries on the business himself makes his own records carries on his own transactions with all the persons from whom he takes bets or with whom he makes bets it will be impossible to prove that he is not there betting and taking bets merely for amusement and not as a professional bettor or gambler gamblerTliis Tliis being the case it devolves upon us to show that an offense lias been committed when a bet is made It does not need to be with a man who was a known business or professional bettor previous to the passage of this act It makes no difference whether it was recorded or not My contention is that a bet is a violation of the law The recording of the bet adds nothing to the enormity of the offense and the failure to record it detracts nothing from the penalty which may be inflicted inflictedI I say again the men who are refraining from making a record of their bets for fear the mere writing down of the terms of the wager would make it an offense are going to unnecessary trouble when they attempt to memorize all their transac ¬ tions They might as well record them themI I agree with the decision handed down in one of the lower courts that If it is not a crime to make a bet it js not a crime to record it But 1 claim that it is a violation of law to make the bet betI I do claim however that despite the defeat of the Hart amendment to section 17 of the racing laws it was the Intent of the legislature to stop betting at the race tracks It Is impossible to do that if we attempt to draw a line between thu business bettor and the amusement bettor Thev will all be on one side of the line the instant it Is drawn
