Lambrix Decision Helpful: Racing Men in New York Prepare Bills for Legislative Consideration, Daily Racing Form, 1912-01-28

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LAMBRIX DECISION HELPFUL RACING MEN IN NEW YORK PREPARE BILLS FOR LEGISLATIVE CONSIDERATION. One Calls for Definition of Bookmaking Without Writing. Other Would Repeal Directors Liability Law and Provide for State Police Supervision. «v York. January ST. -Men deeply toterented in ii fatare welfare of racing are greatly encouraged h the lat-st decision of tke ••nil of Appeals in the Lambrix cane, which was beaded down mi Tuesday, in.! ii in- Legislature will grant ■ little farther relief there is • i 1 1 1« - doabt thai the Jockey tlul and the race courses under its Jurisdiction will resume operations ibe coming -i i-i iijs- The Ooarl of Appeals baa tnade ii clear thai ■ bet between two persons is legal ami that the pecsoa making the bet can legalij write ■ memorandum of it which may l» handed I" ill. othei man to remind him of the detatla when ■ race lias been run. The courts opinion oa tlri- point is eery clear, according to eminent lawyers who iiis Hissed the matter yesterday. It established the rigbl of Individuals to make private wagers on aaj sporting event, ■ horse race, ■ hall gaase or ■ boxing boat, for Instance, and is s repetition of a rvrmer opinion that under the laws and constitution of the State of Now York betting is not gambling in the legal sense of the wad. "Under this new rating persons who would attend the races If tke tracks were open eoald make private wagers," said a prominent racing authority, "and thej eoald not be successfully prosecuted, to arrest Hi ta would be injustice and persecution, ror they would be acting strictly within tke meaning of the la*-. Betting is not a crism and tke Coart of Appeals bas established this fact beyond peradven tare in the Lambrix decision, bat the law prohibiting bookmsklug without writing still remains on the statute books to pnaale both the racing Interests and the authorities aa to its real meaning. •The term bookmaking without writing has been generally accepted to mean oral betting. yet it bas never been defined h. the Legislature or tke courts. Tkls law prohibits something thai never happened on tke race tracks, and i- so ambiguous that the racing Interests ate unable to resume ti" -p n unless the] receive souse relief. The Legfcda- H in can easily draw the line by passing a measure Viiiiii defines bookmaking as tie- taking of bets or " wagera from all eoasera or the public in general. The Coart of Appeals in the Lambrix decision shows that the nc tit aatl-racing legislation was aimed at public gambling carried on by professional layers of odds and that it did not apply to individual spec- tilat ion f r amusement. •With betting legal, it is aha fair to ask the Legislature to aaaend the so-called directors" liability law. which makes it Impossible for track owners to open their gates. With the authorities in doabt a lo the meaning of bookmaking without writing. it Would stand to reason that under such conditions the directors of racing associations would be held liable for any form of betting that might he car rind i.n without their knowledge or consent. •The Coart of Appeals has confirmed the law against •! kmaklng with writing. with the ruling thai it means the laying of odds coupled with the recording ol wageri bj the layer or his clerks. There is no ili-iii- to return to those methods ami there will never he public bookmaking again, but as per noaal wagaring is not a violation of the law and a bettor can record his own Wager, it i- clear that bookmaking without writing must be defined by the Legislature daring tie- present session. The Mams of tii individual ha- been legally established and he i- entitled to protection." Stewards of the Jockey flub who were asked for an opinion yesterday were not inclined to talk with freedom. One ..f them, bo waver, said that the Coart • r Appeals decision had established the legality of tin personal wager and that in future race track pfetrom eoald not be molested without causing serious trouble 11. admitted, however, that the present laws, in view of the new ruling, were more pnsattng than before, and that it was tie- Legisia-lures dutj to clear the atmosphere. Prom what can Is learned, new racing bills are I., nig prepared and "ill i»- Introduced in Albany la the near future, one will define bookmaking with .an Writing. and will be a copy of the measure that waa pa— oil by tke Senate in 1910 only to be n pcalcl ibe next daj at the instance of former Gov-Hughes. Thai measure prohibited the acceptance oi wagers from all comers tad the public, and its failure, it Is -aid. waa tin real reason tor the . ■ ig id the tracks in September of that year. II.. ie hill, i i- -aid. will prevent operations bj professional 1 ktnakera and will limit speculation 1" individual-. Another bill will modify tie- -...ailed dire. tors liability law -o that tie track owner- cannot l» held criminally liable for violations of the law that occur without their knowledge or consent. A third bill. It i- reported, will cover the enforcement of the ami bookmaking laws at the race courses bj a st.it.-p.. lie.- force which will be under tie- aapervbdon of the st.it. 1 1 r. ing C immlsslon. • Me- track owner -aid yesterday that unless the direct rs liability law waa amended, a- i- suggested b tie proposed amendment, * in aoaae other like fashion, there could be no rs i-._ in . m York dar-lag i:ir_. ••Tin conditions are Just the same a- thej w.i • in September •■! 1910, as far a- the track- are i one. i ihiI." be -..id "Tin- decision in the Lambrix ease Is a verj satisfying one, but it ha- nothing to do with the liability law. and a- long us it exist* aO tl.u 1. Will be opened."


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Library of Congress Record: https://lccn.loc.gov/unk82075800