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CAISTIC COMMENT ON LAW CALIFORNIA SUPREME COURT FLAYS LEGISLATORS IN RENDERING DECISION. Judges Characterize Acts Made a Felony So Trivial as to Excite Incredulity — Continuous Racing: at Oakland Until June 4. San Francis. -o. Cal.. April ."i. — Tin- opinion written l».y Justice Shaw, and concurred in by Justices Angel lot n and Sloss. recently rendered in the Su arease OmmI in granting a writ of habeas corpus to BY. W. Roberts, charged witii violation of tin-Walker Otis law in acting as stakeholder of a Irot on the oMi -onic of a race at Oakland, was couched in tin- foil. .wi.|- language: •As plainly as words can declare, it the Walker «His la« i Barbate ever im-isou from receiving money Irct or waiTcil by or for any other |rcrson ii| ou the result of h horse rare or upon any contingent or unknown twin. It may reipiire some streleli of credulity to believe tliat the legislature could have enacted a penal law making an act which may be so trivial a felony, hut whin a reading of the act discloses that it has Irecu enacted, there can Ik- no misunderstanding of its meaning or effect, if it BgssnfjB ansae ami without ipialitication. "To constitute a criminal acceptance of sin h money, tinder the first clause, it is necessary that H be looeiw-il for the use of the parties to bet or wager, ainl not as the due or right of the persons receiving it. He must take it as their property and not as his own to commit a crime. If he receives it iu payment of a debt, or as a gift, he commits no .. flense; evi -n the fact that it is the identical money that had been wagered by the party or participants when he received it is Immaterial. In that case he would be no party to the bet or wager which tin-Jaw intends to denounce as criminal. "In order to constitute a crime under the first l.nise. therefore, the person receiving money must do so as custodian or depositary for the parties to the let or wacer. and must act as such for some period. The second clause effects and |rerinits all iviiins which is not for gain, hire or reward, and which is not done in some one of the places lllilll h.lleil by ■ who uses or occupies such place for ihat purpose ■It is therefore ine insistent with tilt* part of ho lir.-t clause which forbids the receiving of money lor the use of parties to a wager, anywhere, utidi r ■an circumstances. The rule applicable to a statute in which a later clause is found to lie irreconcilably hat oiisisieni with a preceding clans is that the later in position acts as a repeal of tin- former clause, so far as it is inconsistent. Applying this ml*, it is clear ihat the province of the first claust . ho far as it relal il to the mere receiving of money or property bet or wagered, is practically inoper-Htile." Piesidt nl Thoina- II. Williams, of the New California .In key flub, today announced that racing will continue at Oakland until Saturday, .lime 4. This announcement docs not come as a surprise, as Mr. Williams remarked there might be a further extension when lie recently announced the continuance of the season until May ." . Further announcement is made that there will lie races six days of each week hereafter, with the exception of next Monday, when there will be an i lection at Kniory villc. the incur ■Mated city within which the track is located. There will lie racing next Tuesday. The decision to prolong the meeting is taken as an evidence of improvement in condition--, especially since the Supremo Court decision in the matter of a slakeii..|i|.-r. The Pacific Jockey Club today granted the I tali .lockcv Club dates for a cling at Salt Lake City Horn .lime to .Inly HI. inclusive, making fort] davs of meats*. Following tin- meetings at ltutte and Anai-mula there will also be a fall meeting at Salt Lake. President John Condroii and Manager Kieliinl Dwjner were in conference ■with President Williams today, and Mr. Condnin will return home to Salt Lata tomorrow. Hotting expert OioraM Smith has issued nistrue. tioiis covering the stakeaoMing system held legal by the recent Supremo Curt dii-ision. "The iiihii.-.-simuM be passed to a third partv to In turned over to the winicr." he say.-. "Tin- stakeholder can stand and Mai money in the ring, but he must not use any paraphernalia or register any bets, i-itln-r or In. th of the par tffl who make the |h-Is can keep track of their vag« is. but the stakeholder must only hold the money. The stakeholder cannot collect a commission or reward for the work. If anyone violates the rates of th,- jockey club he will be barred from tie- track. It is the intention of the rac- track people in keep within tin- law." tlabr instruct i-ms given bv flam rior Judge Brown of Alameda County. Charles Zeliisky has been nc-quittd of paving violated the anti-bookinakiug law by a jury. Assistant IMstrict Attorney Ilynes stated that under the ruling of the Supreme Court on tie- Walker-Otis law. the acts charged againsi Eeilaskj coaittltntcd no crime. Judge Brown agn-d with this opinion and onlered the dismissal. Tin- Supreme C.urt decision will necessitate the BBBBBlaaal of all similar race track cases pending in tin Alamada Cunty Su].erior Court. The decision In-ld:- that it is no crime for a person to art as st k-held, r for yvagt red money if he receives nothing for this service ami in none of the cases now [lending i- this charged, and there is as evidence that tie- tefesalant* were paid to act as stakeholder*. TIh-:o an- two other cases. John Dw Schwartz. against whim there an- two charges, and "Bob" MMBS. ;.-. i-e March, who brought the first division of ItedwH- string lure froiu Juarez, did not go east with tie table. lb- In- made three trips in a row for r.cdwell and d-citicd to take a rest for this summer. C. II. Keen, has depart--!] 1..1- his home in Km ti-ky.
