Racing Men Encouraged: Justice Scudders Decision Discussed At Jockey Club Meeting.; August Belmont Issues Statement After Conference with Associates--Appeal From Decision Probably Will Be Taken by Nassau County Attorney., Daily Racing Form, 1912-10-17

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RACING MEN ENCOURAGED JUSTICE SCUDDERS DECISION DISCUSSED AT JOCKEY CLUB MEETING August Belmont Issues Statement After Conference Conferencewith with Associates Appeal From Decision Probably ProbablyWill Will Be Taken by Nassau County Attorney Ner ork October 1C Tlic possibility that rac ¬ ing may be revived in New York State next year is ivnccted In a statement bv August Belmout chair ¬ man of tlie Jockey Club The members of the club1 met yesterday to discuss the recent decision by Su ineiut Justice Scuduer holding that the directors of si racing association could iiot be held responsible r In Ing on their premises Mr Beluiouts state ¬ ment follows followsTiio Tiio decision is encouraging The vital feature is that which holds a director not to 1m liable for illegal acts committed without his knowledge Tlie great race courses in this state were closed because i i one connected with their directorates would run tile risk as lawabiding citizens of Indictment The racing Interests of this state depended upon the sense of justice t f the legislature to remove what palpably turned out not to be a cure for gambling int a death blow to racing an institution which bv us own unrepealed acts remained authorized by the legislature and presided over by a commission ap ¬ pointed by the Governor of the State No StateNo doubt the prosecution will take this decision li the Court of Apjieals If they do not the public will be justified in considering such a failure a piece of bad faith on the part of those claiming a real desire to suppress bookmakiug at the race course courseWith With regard to the subject of bookmaklng It must not be forgotten that whatever the outcome of tliis decision the amendments to the PercyGray law would lie still in force and no reviraLof bookmaking would be possible Moreover there is no desire on ilit part of the racing associations that it should lie revived All that the race courses and the Jockey Club ask is a dctinlte interpretation of the law that Jhey may know wjicre they stand and conduct race ineetlugs strictly within the law lawIt It must be said that a great prejudice exists iignlnst the Itookmaker his influence and his con ¬ nection with racing It has been proved in the west iliat the only effective way for his elimination is through the establishment of the 4parimutuls or what is called the French mutual form of betting bettingAssistant Assistant District Attorney Charles T McCarthy f Nassau County is quoted as saying that an appeal would probably be taken from Justice Scudders de iteluii to the ApiMllate Division of the Supreme Vjnrt before the thirty days allowed for such action had elapsed Inasmuch as this is a case of great importance he said it is safe to assume that vry effort will l e made to bring about a reversal Mr McCarthy added that he did not at all agree with Justice Seudder in the interpretation placed by the latter upon the directors liability law lawSurrogate Surrogate John J Graham of Nassau County who was counsel for Paul Shane the alleged bookmaker whose arrest at Iteliuoiit Park June 0 1012 was tbv cause of Justice Scudders decision declares that he Is oiiticlont of a favorable decision from the Appel ¬ late Division in the event of au appeal being taken takenSamuel Samuel Marcus counsel for the Society for the Prevention of Crime and his coworker Canon Chase as Is usual with them were reticent about discussing the plans of the organization with re ¬ gard to tin decision but the general supposition Is that ihey will be as ready with advice in the Appel ¬ late Division is they were in the trial court la which they filed a voluminous supplementary brief


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