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THE DEFENSE OF SHERIFF BRADLEY Sheriff Bradley of Saratoga In liis answer to Governor Hughes charges for alleged failure to enforce the law against betting declares that he has enforced the law as he understands it to the ocst of Ills information and ability He has been ad ¬ vised by counsel he says that he cannot make ar ¬ rests for a violation of section IKil of the penal code except when the offense Is committed in his presence unless a warrant has been placed In Ids hands for service No such warrant has been given to him he adds nor has a violation of the law been com ¬ mitted in liis presence or so far as lie has been able deputiesAttached to learn in the presence of his deputies Attached to and made a part of the reply is the written opinion of Senator Edgar T Brackett of Saratoga along whose advice the sheriff has shaped his course Senator Braekctt reviews the antirace track gambling law pointing out that it Is the sheriffs duty to arrest any person violating the spe ¬ cific provisions of the statute The attorney adds addsBut But I understand that the question that chiefly embarrasses you is whether you or your deputies hearing oral ibots made ln tween individuals thero being no record made of the same nor any money paid whether under buch circumstances it Is your duty as the sheriff to arrest the persons thus betting as violating the present law lawI I have given this question a careful examination and I im bound to and do advise you that as the law stands as construed by the courts such betting Is not n crime and you have no authority to arrest therefor
