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SHANE CASE COMING UP JANUARY 27. Important Questions Affecting Racing to Be Heard in Appellate Court at Brooklyn. New York, Jaaaary 14. — Horsemen were greatly elated over the announcement todaj thai argameal on the appeal in the Paul Shane case will lie heard Monday, Januarv 27. in the appellate division of the Supreme Mm i Borougfa Hall. Brooklyn. Justice Townsend Scodder of the Supreme Court Na--au County, handed down a decision in the c.i-. October 13, 1812, which was highly approved of i : tinted States Army oaVials and horsemen through out the length and breadth of the land. The e. kIiis oi thi best thoroughbred and standard bred horses from America in the la-t tew years hi-alarmed army ofdeers to a considerable extent, in relitigation lias proved the vast superiority of the arin.v mmmts ill Great Britain and the countries ■! continental Europe over the horses in the service of the United States. The thoroughbred establishments of New xorfc, .N"w Jersey, Pennsylvania, Kentucky, Tennessee, Virginia, Missouri, California and oth t states in the union were in many Instances wiin ii out when the directors1 liability bill hi caose effect ire in this state September 1. 1910. Men of prominence Interested in the thoroughbred have submitted Justice 8 cadgers Interpretation ■ i the law in this ease to eminent lawyers and tie v have been reassured time and time again that th decision of the Justice was clear, correct and wise. That Justice Seudders decision will lie upheld in the AppeUate Division is eon-idered an absolute cer-laint.v by several lawyer- thoroughly iotiver-a.it with die statutes covering this particular case. Paul shaae was aii -ted on Joae it. 1812, charged with boakmskiag at a meeting of the United Hunts Racing Association n Belmont Park Terminal. lie was held for examination ! v Justice of the Peace Charles F. Git tins of Hempstead, L. I. Before i.i- rase was called Surrogate John J. Graham, counsel for the defendant, obtained a writ of habeas corpus which was made returnable inline diately before Justice Si udder. The question was of paramount importance for the reason thai i; Involved not only the dliettoii ot the United Hunts i; Association but also the director-; of the Belmont Park Terminal Ra lag Association, the owners sad ii --. : - of the property. In trying t.. gel at the Intent of the legislature Justice Scodder died the Lambrick case, in which Justice Ciilien interpreted section MM before it* amendment a- being aimed at public gambling, pro fessional gamblers and the maintenance of gambling house-, which alone have been subject to the penal ties !■ the criminal law. Shane wa- not charged with public gambling, but ii was alleged that he "did privately make several bets." The taforasatioa also failed to allege that Shane was one ■■who engaged" iii making bets the wori-u-.l in the statute which Imports a continuity of practice. The court held thai engaging in book-making is beiring. |,ut- ordinary belting on a horse race is not a crime ••The legislature ha- not made it a crime to bet on horse races ami the court i- powerless to do so. the decision ran. As to the personal liability of the directors , f ;i racing association the court agreed with the district attorney that the directors liability law requires knowledge of the acts conatitating the crime mi the part of the |" rasas accused, and concludes: "The law will not peMait the cntnieii u of the owner of a rue track who has no knowledge of -.he fact that bookmakiag not ordinary betting is a . bag on upon his premises."
