Decision Favors the Newspapers: Publication of Tips and Form Charts Held to be No Violation of Canadian Law, Daily Racing Form, 1910-06-24


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: ! ■ DECISION FAVORS THE NEWSPAPERS. Publication of Tips and Form Charts Held to Be No Violation of Canadian Law. Toronto, tint.. June 2.:. -That newspapers have Hie light to publish tips on horse races as w. II as a form hart showing the winners and odds of aeea which have been run. was the decision reached by Magistrate King-ford in a judgment dismissing the charge of breach of the letting act preferred again-; Will, am Greenwood, managing editor of the Toronto World. The cases against the BlOhe. The Mail and limpire and tlie New York Telegraph were also dismissed, but the charge again.-t "Pacing Information" was continued for a week. In his judgment Magis trat.- King-ford held that the daily newspapers had not i-oinmitti-d a breach of the law during tin- recent mooting :it the Woodbine race track, and that the law did not prevent the publication of such Infor ■arJoci regarding the race* as the local ■ptallnr pages contained. In this connection the magistrate Intimated that the framing of the act left loophopea which defeat.-d its narpaac. In ■ concluding paragraph the magistrate said: "I am tot to concern myself with the results of a decision. If tie- statute a- drawn does not carry out the intentions of tii...-.- framing it. it is competent for Parliament to amend it. It is my duly to coti-idcr tlie act a- I find il. and the Charge should therefore l»- dismissed." Dealing vi rv fully with tlie details of the case the judge pointed ont that tlie Crown had taken objection to two features of the newspaper. The tii-i ana the comma containing tin- tips on the bene races, which might have bet u used as ■ guide far betting, and the second wa- the lolutnii giving the form chart, showing the reaalta of the races and tl e odds on the horses in each race. The Crown signed the latter was alleged to he useful to men who wanted to settle ! cts. but who had not Im-cii at tin- track p. arlraeaa tie- reaalta of the content and ascertain the odds. Tiie i laitse of tin- Miller act under which the proaecatioa aa* laid i- a- follows; "Everyone is guilty ..f an indictable offense who advertise-, prints or poMishea an information Intended t- a-sist in or intended for us.- in connection with any bone race whether at the time of advertising, printing. publishing -neb new- or information -mh bone nee baa or la- not tak.-n place." Under the act this did not apply p. the registering of Let.- at an aatherlaed u ■ meeting. Under the act tie defease trgaed that a newspaper had a tight p. publish tin n.-w - ol races held on a track where racinc: as legalised, in this connection the magistrate held that the exceptions tak.-n under tie -e.oii.i sab lection of section 2:::. did not applj t- newspapers, and refused to consider the contention .f the police. Con Una tag, he said: "VY nm-t aot •: nl a penal law to other case* than those expressed bj the Legislature, even though we think th.-y come within the tiiischi.-f intended to Im r.-iii. i. :; II.- showed that the ait required tin- proving of the defendants intention to assist betting, and added: •In a case a/here the act requires the motive to be proved a- an essential settlement of the crime, the pi i- -cut loo unci tail if it is not prayed." 1;. lining to lie -titutes which made tin- an hihited acts into .lim. without proving any motive ih-- nagfartrate added: "The iiucstioN. ju this matter docs uot come under that category. It is by its own wording which defines the crime as an offcast in which the intcn ti. a inii-t he proved. In this case no intention has been proved, nor is it possible that Intention ran be prosed. The oaay way in which intention coeld be argue. l would be the pos-ihilitv or probability of the Information siren being used to assi t betting. ••It mav Im- that the newspapers did intend that the information given should be ii-c.l in that way. Hut this statute being a criminal act. whi.-h cannot be extended bey I its tents, and intention not iM-iug prov.-d or provihle. the charge mii-l be di- lili-se.l." Illlssoil.

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