Habeas Corpus Process Invoked, Daily Racing Form, 1909-07-14

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HABEAS CORPUS PROCESS INVOKED. San Francisco. Cal., July l!!. Chief of Police Cook has been cited to appear before Judge Van 1 Nostrand and show cause why Frank OSliea and 1 Frank Hose, under arrest for violation of the Walker-Otis " anti-betting law, should not be set at liberty. OSliea and Hose were arrested for placing bets i on dogs during a coursing match at Ingleside .Coursing . Park, especially arranged that the law might t : be violated and its validity determined. Upon the decision in this case hangs the fate of lwokmakiug . in this state. The writ of habeas corpus was secured by attorney Carroll Cook from Judge Sturtevant. and then 1 the whole matter was transferred to Judge Van Nostra nds court. Judge Cabanlss, to whom the first application for I the habeas corpus writ was made, refused to grant V it. on the ground that such a question as that raised 1 by this action might arise in any county of the state and should, therefore, he brought before the L Appellate Court. The anti-betting law will be attacked on the -i-oiiud that the legislature had no power to enact such a statute as that embraced in section 270 of c the penal code, it being "in conflict with the provisions of the constitutions of the state and of the L ; United States. The case of OSliea will ho first considered, and It t is believed that all points will he covered ill the a hearing, so that there will bo no necessity to make u any special effort in behalf of the other defendant.


Persistent Link: https://drf.uky.edu/catalog/1900s/drf1909071401/drf1909071401_1_3
Local Identifier: drf1909071401_1_3
Library of Congress Record: https://lccn.loc.gov/unk82075800