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CALIFOKMA RACING IS SAFE SUPREME COURT OF STATE BENDERS FAR REACHING DECISION legality of a Stakeholder in Connection with Oral OralBetting Betting Is Upheld Judges of Highest HighestCourt Court a Unit San Francisco Cal March 0 A decision that hail been anxiously awaited in racing circles was rendered yesterday by tin Supreme Court of Cali ¬ fornia upholding the legality of a stakeholder in the matter oC oral betting so Ions as the stakeholder does not act in that capacity Tor gain liire or re ¬ ward Two opinions were rendered in supi ort of this contention One was written by Justice Shaw with Justices Angelotti and SIoss concurring while the other was written by Justice Ilenshnw with Jus ¬ tice Lorrigan concurring The matter was before the court on habeas corpus prociedings brought to obtain the release of W V Roberts who had l een charged with acting as the stakeholder of a bet made in this city pome months agoou the result of a race run at Oakland OaklandThe The opinion written by Justice Shaw orders the re ¬ lease of Uoberts on account of a coutlict in meaning between two clauses of section U7A of the penal code sis tin WalkerOtis law is known to the court Justice Shaw holds that tin section providing that to constitute a violation of the statute the stake ¬ holder must so act for gain hire or reward re ¬ peals an earlier clause which absolutely prohibits anyone acting as stakeholder It was under this oarlicr clause that the complaint against Roberts was drawn drawnJustice Justice Ilenshaw liases his opinion on the ruling f the New York courts which have sustained the oral belting system He holds that since the statute omietcd by the California legislature was copied almost verbatim from tin New York code the rul ¬ ings of the New York courts on the New York stat ¬ utes should be given consideration in cases arising under the California law lawWhile While the two opinions are entirely different they nrrivu tilthc same conclusion and the release of lttiKrts is the ultimate outcome of both bothNews News of the decision rendered by the Supreme Court was phoned to Judge Carroll Cook when he was in Judge Itrowns department of the Alameda Onity Superior Court in Oakland defending Charles Xclinski on a similar charge and when Judge 15rov n was informed of the decision in the Roberts case In adjourned court in order that he might verify the Report made by Judge Cook CookThe The decision is taken to mean that money may be passed at the track in making bets and payment made on winning wagers after each race The de ¬ cisions alreadv obtained in this state affecting bet ¬ ting under the provisions of the WalkerOtis law virtually assure tlieasiirvival of racing and presage an early return to the more prosnerous conditions antedating the passage of tlie WalkerOtis law lawFollowing Following the decision of the Supreme Court sus ¬ taining the legality of a stakeholder in connection with oral betting instructions were Issued at Oak ¬ land today that money might be j assed in making wagers and that winning Jiets might IK paid after rach r o As a result much money was handhil iinl payments were made Sheriff Harnett and his deputies were on hand but tinre was no attempt at interference with the new order of things It is xpected that owing to the decision the case of Charles Hcllnsky will lie dismissed tomorrow tomorrowIt It is expected that the meeting will lie extended until at least June 1 Perfect weather favored the sp rt and the track had dried out 11 The Iiverm re Handicap the feature of the c rd resulted in a easy victory for Orbicular the he vilybacked favor te Colonel Jack an outsider led i ost of the way a d finished second 4 A Marshall on races with Milt Jones and Kid North both of vhich he recently purchased from Uarnev Sclireiber SclireiberOne One of the closest finishes of the season came in the fifth race when Tremargo lasted long enough to lieat Don Knrluiie by a nose noseAldrinii Aldrinii should have beaten Milt Tones but jockey Cross was weak in finishing finishingII II Iedwell left for New York tonight with twelve of his horses Four others will go tomorrow Ji Itlit in a car with those handled by O A Bianchi BianchiJockey Jockey Page goes to Louisville tomorrow to rcimrt io the stable of George Keif KeifAI AI Morrissey will leave Saturday for New York YorkHereafter Hereafter Gilbert Hose will be run with a speci ¬ ally contrived cheek rein which will prevent him from running away as has been his habit The new rein was tried on the gelding Saturday and he was kept under control with the result that he won
