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IMPORTANT DECISION AT NEW YORK. Court of Appeals Dismisses Advance Information Cases Against Racing Men. New York. June 1. — The Court of Appeals at Albany handed down an important decision today which makes a big hole In the Hart-Agnew anti race track lietting law. The decision hAlds that the dispensing of advance racing information on a race track is not a violation of the law. Hie decision was unanimous. The ease arose out of arrests made at the Brighton. Beach race track last July of John Cavanagh. the manager of the betting ring, who was engaged in distributing sheets containing tlie entries scratches, names of jockeys, overweights and other information quite necessary to liookniakers and bettors in advance of any race. Assistant District Attorney Elder of Kings Ooun:v mai.itaim d that the formulation and distribution of such information was in effect aiding and abetting a violation of the anti-betting law. inasmuch as it was a part of the process* of making a book af betting on race results. The iiise was carried to the Court of Appeals bv agreement. The decision handed down today leav. s John Cavanagh. who is the official purveyor of advance information on the Jockey Club tracks, free to dispense his sheets, as lie did in the days of operation of tracks and lietting under tlie Percy-fir. iv law. The free and unobstructed distribution of advance racing information opens the way. in tlie judgment of racing men. to loopholes in the betting law. Oral betting is already held to be legal. With the aid of the advance sheets it may be worked out so that oral betting can be carried on without many of the disadvantages that worry race-goers under prevailing conditions. The decision was rendered without an opinion and affirms that of the lower court, sustaining the demurrer of William Kugeman. Christopher Fitzgerald, the president if the Brighton Beach Association, and Johu 8. Cavanagh. who, it was claimed, were rcsiioiisilile for the issuance of the advance sheets. They were indicted as "common gamblers." but demurred on the ground mat the acts complained of did not constitute a crime. The question before the court was whether the advance information sheet is a device and apparatus for gambling within the terms of section 347 of the IHMial code. John i. Cavanagh. in speaking about the decision of the Court of Appeals exonerating himself and associates, said that he had expected the ruling all along and was not at all surprised. District Attorney Clark of Kings County said that he regretted losing his case and that was all he cared to say. Race goers are looking forward to Gravesends opening with mild apprehension. It was in Kings County th.it the trouble of last year started, when the patrons of racing were barrasscd and persecuted without warrant by the authorities acting under the direction of Assistant District Attorney Elder, who has since been shown up as a poor lawyer by evciv court in tlie state. Elders mistaken interpretation of tlie Hart-Agnew anti betting law practically ruined the great sport in New York and encourag-d anti-racing legislation throughout the Inited States, with dire results and a loss of millions of dollars to tlie thoroughbred industry.
