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NO DECISION ON CALIFORNIA LAW. Defective Complaint Brings About Dismissal of Case Selected for Test. San Francisco. Oil.. July 3. The attempt of Attorney Carroll Cook to have the Walker-Otis anti-betting law declared unconstitutional was temporarily defeated in the District Court of Appeal when Assistant District Attorney Robert Harrison nsked that the complaint against George Adams, defendant in the lest case, be dismissed. Harrison alleged that the complaint was insullicient, and claimed that it had not been drawn up in the office of the district attorney. Cook, who had the case before the Appellate Court on a petition for a writ of habeas corpus to secure Adams release on the grounds that the anti-betting bill was unconstitutional, argued against the dis-iniss.il of the case, requesting that he be given further time in which to either amend the complaint or have a new one sworn to. The eomnlaint alleged that George Adams took a wager on the Papke-Ketchel light, and that it was illegal according to the provisions of section 3157a of the penal code. The complaint was sworn to bv M. J. Troy. 1790 Post street, and Adams was arrested. He was released on S100 cash bail, and Cook took the case to the Appellate Court in an endeavor to have the law declared unconstitutional. Cook argued for time in which to have another complaint filed, but Harrisons proof that the complaint -was defective obligated the court to dismiss the proceedings. "You want the prisoner discharged?" Justice Cooner said to Cook in the midst of the argument. "Yes. ultimately." answered Cook, "but not on such grounds as this."
