Test For Walker-Otis Law: Best Lawyers Say It Is Defective And Expect To Overthrow It In Courts.; Measures in Contemplation That May Result in Restoring Winter Racing to Oakland and Santa Anita., Daily Racing Form, 1909-04-21

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TEST FOR WALKER-OTIS LAW BEST LAWYERS SAY IT IS DEFECTIVE AND EXPECT TO OVERTHROW IT IN COURTS. Measuret in Contemplation That May Result in Restoring Winter Racing to Oakland and Santa Anita. San Francisco. Cal.. April 17.— While the rank and file of I lie local race going public see little hope lu" the future of their favorite sport and fear thai there will l e nn racing worthy -if the name in Call fornia tot Years to raane, a~ an outcome of the Walker Otis l.ill. enacted into law at tile recent session of tile California legislature, a reeling of iiniet confidence tliat the situation is hot nearly so hope less us it Mean p,rvad s those in closest Touch with T. 11. Williams, mentor of the turf on this coast. | Williams has pursued a policy of reticence as to hi-plans for tile perpetual ion of racing iu 1alifornia i from tin tine- that it became oyident that the Walk 1 er-otis l.ill would pass. That his plans were well i defined for the combatting of the law iMfore it was actually enacted is well known by those in touch with the situation. It became known lie fore the legislature adjourned that the chief concern of Williams and those in his confidence was lest some null turf legislation supplemental to the Walker-Otis iina-uie slmuld l»e enacted. For some reason not yet divulged. Williams and his associates were not particularly disturbed oier the passage of the Walker Otis bill, though, natti rally. Hay would have been better satisfied had there been no turf legislation of any character. The general supposition at the time was that the Walker Otis measure was fatally defective in some essential respect. When the bill was debated in the lower house of tin- California legislature, the yonerabjc Uruve Johnson, chairman of the judiciary committee, warned his colleagues that the measure would lie dc • hired unconstitutional by the courts, but the majority of them apparently took no stock in his warn ing. A high official whose name must not lie connected with the statement for reasons that would be patent if his identity should be divulged is oiioted as having remarked when he first perused the bill that its author was either a "fool or a knave." An.l yet this official was among those who helped to put the hill on the statute hooks of California. Although the law was primarily aimed against race track lustres, --it will be tested with some otlier form of betting fis a basis. This was decided upon •V in order to divorce the issue from the undeserved prejudice which constant misrepresentation has moused against the race track. Here in California. as elsewhere, many things have been charged up to tin race track for which it is in no wise restion-silde It has lieconte a fad to MUM the race track for all the defalcations, embezzlements and thefts that dine to light. Embezzlers tind.it lunch more rem table to •confess" to having lost ou the races than to tell the truth concerning what has become of • their ill gotten guius. In casting alKiut for the most advantageous means • I lent IDS the Walker-Otis law in the courts. Presi dent Williams and his advisers came to the conclusion that the coursing contests that are an all tin- car round feature of the sporting calendar in tin- locality would be just tin- thing. The management .if the local coursing park readily agreed to furnish the basis fat the desired teat, as much for Its oara lienetit as for that of racing. The Jockey ■ nib will remain ill the background and will not ac-toalh figure in the test of the law. although it will provide the sinews of war. No expense will b--pan-d to obtain a thorough going interpretation of the new law. It is conceded that nothing short of a Supreme Court decision will satisfy both sides. and in order to obtain a filial decision before the time rolls around for another California racing sea son to open, the preliminaries will be undertaken at the earliest practicable moment. Carroll Cook, who will have charge of the case in behalf of the sporting interests, enjoys the repulati if being oi f the liest constitutional lawyers in the stale. Last year he failed, bv a narrow margin, of re i lection as a Superior Court judge in Ibis city for tie- reason that a great hue and cry was raised i.g.liiist him on account of his attitude towards the -rait pioseciition." which has lieen a burning [mate hereabouts ever since the revelations under • He- Schmitz regime. It is understood that Judge t iMib is exceedingly sanguine of obtaining a decision that will nullify I lie effect of the new law. Nobody in the confidence of the jockey cluh management can lie induced to explain wherein the weakness of the law lies, hut they do not mind letting it be known that they believe the law will fall short of the purpose for which it was designed. Xo attempt will he made at present to open the two big jioolrooms which have heretofore operated at Sausalito. a nearby suburb, with the closing of two big poolrooms which have heretofore operated lnf years under a municipal license. Their proprietor. Frank A. Daroux. will await developments In the com sing park cases. a


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