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SULZER ISSUES HIS ORDER SENDS OUT INSTRUCTIONS TO SHERIFFS AND COUNTY ATTORNEYS RELATIVE TO RACING Directs Officers to Prevent All Wagers Bets or orStakes Stakes Made on Any Horse Race Run in Their TheirTerritory Territory Jockey Clubs Attitude Albany X Y May 7 In accordance with his announcement of a few ilays ago Governor Sulzer today sent letters to the sheriffs and district attor ¬ neys of Nassau Queens Kings and New York Comi ¬ ties and to Uhinelander Waldo iiolice commissioner of New York City directing him to prevent all wagers liets or stakes made to depend upon any horse race in the nature of gambling within your county The governors letter explains that his attention has been called to the preparation to re Mime racing in the comities named and warns the otlteials addressed that they will be held strictly accountable for the performance of duty in pre ¬ venting gambling gamblingDistrict District Attorney Charles X Wysong of Nassau County in which Itclmont 1ark is located is quoted in an interview as follows 1 am sure that so far as I am concerned the law will be enforced but 1 do not propose to go down to the track and secure evidence whereon to act That duty is for the sheriff or any other peace otlicer to perform My duties are those of a prose ¬ cuting ollicer and 1 do not propose to run around the Mice tracks securing evidence whereon to make arrests and prosecute prosecuteMr Mr Wvsong talked with Governor Sulzer over the telephone The governor said Air Wysong asked me to coOierate with him as well us with Sheriff I e ott In trying to stop betting at the Itelmont Park track and I told him that 1 would be very glad to do so I have made jio plans as yet and have not the slightest idea what we will do in ihi matter matterSheriff Sheriff Charles T De Mott said I will carry out nny orders the governor may issue to the letter So hir as 1 know there Is no betting but at the same time every one knows that betting is done but as no money passes we have nothing whereby we can make an arrest 1 surely cannot stand in front of every man in tiie track when he is talking with some one and see that he does not make a bet 1 had lifty men at the Belmont 1ark Terminal track last Saturday and tried to stop betting but I guess there were n few bets made although not openly You could not stop betting altogether if vou had those same men armed with shotguns shotgunsEver Ever since it wns announced that racing would be resumed at Bcluiont 1ark on Decoration Day the various associations which have pooled interests have licard that Governor Sulzer might take a hostile stand But in private talks the turf solons have expressed the Injlief that a strict enforcement of the law as it has been interpreted by Supreme Court Justice Scudder whoso opinion has been unani ¬ mously atlirmed by the Appellate Division would preclude the jiossibility of a clash with the au ¬ thorities thoritiesThe The racing interests are banking on the legal opinion that betting is not a violation of the statutes or the Constitution of the State They say a line can be drawn beweeii betting and gambling or so called iMxikmaking Their attorneys have attempted to show that all the legislation at Albany under the direction of former Governor Hughes has been aimed at the bookmaker not the individual bettor Jus ¬ tice Scudder in passing upon the case of 1anl Shane arrested last June at Bclmont Iark Terminal charged with violating the antibookmaking law lccided that in taking an oral wager which was re ¬ corded by the bettor Shane committed no crime crimeOn On the strength of this decision the track owners liave planned to reopen their gates believing that private betting of an oral nature can go on without fear of interference They say that the erroneous opinion prevails that bookmakers will be permitted lo ply their trade openly openlyThere There will l e no bookmaking said a steward of the Jockey Club yesterday There will be no gambling We have been advised by counsel that personal wagers Itelwcen friends can he made with nit violating the law It is our plan to compel nil icrsous lo obey the strict letter of the law and those who transgress will be ejected or arrested There will be no organized betting no betting ring md no revenue will be collected from those who ome to the tracks to back their opinions It will be impossible for the general public to make bets with professional layers of odds for we do not in ¬ tend to tolerate professionals if they attempt to do business on the old lines linesWhen When the Appellate Division allinned Justice Scnddors decision we were advised that it was good law and would stand a test until revised by the Court of Appeals The case has been carried to Jlie highest court already and we hope there will lie a decision at an early date If Governor Sulzer orders the authorities to enforce the law we tyill commend him also we will help We are trying lo bring back racing on a high plane and a num ¬ ber of wellknown patrons of the turf have sub ¬ scribed more than fKiOCOO to defray state guaran ¬ tees and current expenses This is proof that racing in no way will depend upon the betting element for Its future existence existenceEnemies Enemies of racing misunderstand the term book snaking The courts have defined bookmaking as the laying of odds with records of bets arranged In such a manner that a liookmaker cannot lose jio matter which horse wins A bookmaker mhst tiland in a fixed place and must use paraphernalia sheets slates and chalk The mere laying of odds without recording Itets is not liookmaklng accord ¬ ing to the Court of Appeals which also has ruled that betting is not a crime The law as It stands prohibits bookmakinz with or without writing which is an ambiguous expression The Shane case iiowcver has cleared the atmosphere
