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! NEW ORLEANS CONDITIONS. REFORM ELEMENT STILL BITTERLY OPPOSED TO RACING WITH BETTING OF ANY KIND. Pertinent Correspondence and Statements - Evoked by Hcaslips Abortive Registered Betting Scheme of Last Month, Many persons still hope on that iu some way it will he brought about that racing over the New Orleans tracks will he resumed in the course of the nearby winter. Of the desirability of such an occurrence in the estimation of turfmen there can be no doubt. But the difficulties seem insurmountable. A month or so ago S. F. Heaslip was confident that he could carry on racing at City Park without any serious home opposition. But when the matter was put to the test he found out that he was badlr mistaken and that the clement that had secured the passage of the Locke law was vigilantly determined to enforce it. Therefore he gave up his plan completely. There has been no change since In any particular worth consideration, and some correspondence that passed after Mr. Heaslip outlined his plan Is just as pertinent now as it was then. This correspondence was brought almut when Rev. Beverley Warner questioned some of Heaslips statements and asked attorney Chandler C. Luzenberg for an opinion. Rev. Warners statement of the situation was: "Since the passage of the Locke bill the air has been filled with rumors as to the -prospect of attempts to evade it. or get around it. by the racing associations. "Recently an interview has been published by Mr. Heaslip giving the public a frank statement as to just what process he and his silent partners propose to follow in continuing horse racing in thi3 city. "A number of inquiries have been made as to what will he the position of the originators and supporters of the Locke bill if Mr. Heaslip attempts to put into practice his scheme of registered betting with a rake off of live iter cent, for the purpose of protecting the public. "In Mr. Heaslips published plan he makes two statements, which, on behalf of the friends of the Locke bill, I beg to question. "He says he is a supporter of the Locke bill, and that iu exercising a censorship of the betting he places the proposition upon the lines desired by those who were interested in the passing of the Locke bill. "Mr. Heaslip must have very novel Ideas as to the definition of words. "His plan is a palpable and undisguised evasiou of the spirit of the Locke bill, and I believe, although this is a legal point which I am not competent to decide, a violation of the letter of the law also. If inviting wagers at a commission, of five per cent, is not a device to encourage, promote, aid or assist. it Is hard to imagine what would be considered one. "I have full confidence that the proper authorities will take every necessary step in due time to guard the provisions of the Locke bill." Following is the reply forwarded to Dr. Warner, in which attorney Luzenberg expressed bis opinion: New Orleans, La., October 22. 1908. To Dr. Beverley Warner, New Orleans. La. Dear Dr. Warner: In answer to your request that I give you my opinion as to whether the following plan of betting at the race tracks, as published in the press as the plan that would be In operation in this city, would be a violation of Act No. 57 of 190S. known as the Locke bill. I state: The plan, as published, is as follows: "No gambling or betting, except between individuals, will be permitted on the premises. No bets, even between individuals, will be allowed on the premises except on the condition that each deposit the amount of their wager in cash with the association at the time the wager is made. "The association will deduct from the aggregate amount 5 per cent, for the purpose of protecting the public and fixing the responsibility of individual betting. The records of the court show that tbi individual wagering on the old Mctairio course was attended by difference, which often resulted In lawsuits, which, under this method, is obviated. "Irresponsible persons, track officials or such persons as the association sees fit to prevent wagering will not be allowed to wager, placing the proposition upon the lines, in my estimation, desired by those who were interested in the passing ot tho Locke bill. That is. we arc not assisting, aiding, encouraging or abetting wagering, for the reason that the association penalizes it. "Act No. 57 of 190S is as follows: " Act No. 57, an act to prohibit gambling on horse races by the operation of betting books. French : mutuel pooling devices, auction pools, or any other device, and to provide penalties for the violation of tho provisions thereof. " Be it enacted by the General Assembly of the State of Louisiana: That any person who. either as . agent, owner, officer or employe shall. In any room, hall, house or any inclosure. or upon any track, path, road or course, whether within or without an inclosure In this state, engage in encouraging, promoting, aiding or assisting in the operation of a betting book, or a French mutuel pooling device, upon any kind of horse race or races, or in selling 1 auction pools upon any horse, race which are hereby declared to be gambling, or shall, by any other device, encourage, promote, aid or assist any person or -persons to bet or wager upon a horse race or races, run or trotted or paced, within this state or elsewhere, shall be guilty of a misdemeanor and upon conviction shall be fined not less than 00. n6r Continued on second page. NEW ORLEANS CONDITIONS. Continued from first page. more than 00, and imprisoned for a period of not less than six or more than twelve months. "Act No. 57 of 1908 does not prohibit personal wagers. It does piohiblt the engaging in, encouraging, promoting, aiding or assisting in the keeping of a betting book, of a French mutuel pooling device, or in selling auction pools, and It expressly provides that if any person, either as agent, owner, officer or employe, shall by any other device encourage, promote, aid or assist any person or persons to bet or wager upon a horse race, that such person shall be guilty of a misdemeanor, etc. In my opinion, the plan submitted would be a device to encourage, promote, aid and assist persons to bet upon a horse race, and would violate the statute. "In reference as to whether a person who would quote prices and lay wagers with various individuals, quoting the prices from memory and depositing the money and recording the bet with some representative of the association as a stakeholder, would be engaging in the operation of a betting book within contemplation of the act. I state, in my opinion, such a person or persons would violate the act, I remain. Very truly yours. "Chandler C. Luzenberg, "Attorney-at-Law." One of the members of the Anti-Race Track Committee made tha following statement, also glvlnjs his opinion on the subject, explaining the spirit and intent of the Locke bill: "Regarding the proposed racing season, beginning In December, as indicated by Mr. Heasllp, who represents a hoIdlOK company of local makeup, It would seem from published accounts that there is to be a device arranged by which wagers are to be deposited With an agent of the management, and that a fee will be expected for the banking of the money, or the booking of the contract. "The idea that prevailed with those who advocated-a bill for the suppression- of gambling at the race tracks, was succinctly stated in the bill, now a law. "This Locke bill was opposed by n compromise measure known as the Cordill bill: both were voted upon, and the will of the people of Louisiana was expressed through their representatives in the passage of the Locke bill, which both sides agreed would do ;away with toookmaklng. parl-mutuel or any other device that could aid or promote gambling on horse racing. "I do not believe the people who advocated the Locke bill will accept any compromise of the principles contained In that measure. If racing can be conducted as the games of baseball, football, etc., are carried on, there can be no objection to the sport of kings. " Another of the workers for the Locke bill, said regarding the Heasllp plan: "I have read with much Interest the published; statement of Mr. Heasllp that he and his associates intend to have winter racing in New Orleans, and! explaining the method of betting which he intends to inaugurate, and I am clearly of the opinion that the plan that he outlines would be a plain violation of the Locke bill. "I do not believe that the people of Louisiana would for a moment submit to any such construction of the new law, and I am confident that any attempt ! to carry out Mr. Heasllps scheme would result most, disastrously to all those connected with It. If the penalty were a fine only. It Is possible they might make the attempt, but the Locke bill distinctly states that the violation of this statute is punishable by both fine and imprisonment, and I do not think that the racing people will care to face such, a prospect." From all of this It is plain that there Is but one way In which racing can be carried on at New Or-lenns. That is to give a meeting that will be attended with expensive litigation in an effort to over-, throw the Locke law on the ground of unconstitu-tiouality. If some one is ready to advance the necessary money a start, at least, can be made. Just at present it is doubtful if any one can be found ready to risk the big sum required.
