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MORE OF JUSTICE GAYNORS DECISION In addition to Justice Gaynors ruling as printed in Fridays Racing Form over the golf game betting case In Xcw York the eminent jurist in his de ¬ cision said saidTlie Tlie difference between ordinary betting and gambling is too plain to require words An ordi ¬ nary bet is not a crime whether made in your par ¬ lor or on the golf links or on tho race track noi ¬ ls the making of a note or memorandum thereof but if you hold yourself out to bet and bet all comers or generally or become a general recorder of such bets or of bets between others you are guilty of a crime crimeOrdinary Ordinary betting never was made a crime in this state The law lias never descended to thrust ¬ ing its nose into the personal conduct of men and women to that extent and those who try to make it appear that it has only tend to create a disrespect for the law Xo lawXo law can be enforced except by public opinion and wise legislatures never pass a law that lacks public opinion in its favcr Such laws are dead letters except as they arc stirred up front time to time by the few among us who delight in med ¬ dling with the conduct of others or to levy black ¬ mail The community sheds them as the snake does its skin skinAll All that the last legislature did in respect to the gambling laws was to make them apply inside of the outsideAs race track inelosures as well as outside As to the writing of a memorandum of a bet on a card by the relator it is enough to say that section 51 of the penal code is confined in plain terms to the case of persons engaged in the re ¬ cording or registering of bets of all comers as a practice or business That is common gambling or aiding and abetting common gambling which the law does not tolerate
