view raw text
■ NEW ORLEANS RACING CASE w Tom Shaw et al. Decision and m Locke Law Terms. H Louisiana Supreme Court Must M Reverse Itself if Convictions H Are Sustained. D • ■■ t H NEW ORLEANS. La.. April X Knatf breeder. | imniT nnil follower of the tutT is watching with 8 llip keenest interest tlip development of the situa- H in New Orleau*. H There is nut I ho slighter doubt that the oonvic- H thin of loin Shaw and other bookmakers in the H lower court has placed the sport in ml jeopardy. H The much discussed Locke law is as follows: H "AN" ACT TO PROHIBIT GAMBLING ON HORSE ■| RACES BY THE OPERATION OK BETTING B BOOKS. FRENCH MITCEL POOLING DEVICES. H ACCTION POOLS. Ol! ANY OTHER DEVICE AND H TO PROVIDE PENALTIES COB THE VIOLATION H OF THE PROVISIONS THEREOF: | "Be it enacted by the General Assembly of the H State of Lliisian.i that any person who. either H as agent, owner, offieer or employe shall in any H room. hall, house or any enclosure, or upon any B track, path, road or course, whether within or H without an enclosure in this state, engage in en- | couragiug. promoting, aiding or assisting in the H operation of a betting book or a French mutuel pool H ing device upon any kind of horse race or raees or H in selling auction pools upon any horse race, which H are hereby declared to Ik- gambling, or shall by ANY H OTHER DEVICE, encourage, promote, aid or assist B any person or persons to bet or wager upon a B Uorsp race or races, inn or trotted or paced, within H this state or elsewhere, shall be guilty of a mis- H demeanor and upon conviction shall be fined not B less than 01 nor more than -00 and imprisoned !■■■■ fur a period of not less than six months nor more H than H THE "ANY DEVICE" DANGER SPOT. fl It is on the words "ANY OTHER DEVICE" that !■■■■ district attorney Marr Is basing his prosecution !■■■■ When the earlier attic k was made on the racing, a B test case, known as "the Austin" ease, was carried ■■■1 to the Supreme Court on an agreed statement of ■■■1 fact. Austin was found guilty of bookmaking by JBflBl judge Ileury. but the |MltiM of whelhor he was PHVH] guilty of using a dev i" ■•• was never thoroughly gone ■■■■ E On appeal the Supreme Court rendered a sweeping H decision making the slip system of betting legal H ho for as bookmaking was concerned. The attor- H ncys f"r Shaw feel eonfident that the Supreme Court H vill revel se Hie verdiel of lie lower court a* it did H in the Austin case. They have good cause for their H optimism. The Supreme Court muM reverse itself H in the Austin case to find Shnw guiltv. H An ordinary In-1 has never been made a crime H in Louisiana and when the Locke law was passed B it was! made clear by its sponsors that they did not H intend to di-;tny individual betting. Further, bet- H ting on horse races and chariot races is legal under H the civil code of Louisiana and can be enforced H in courts of competent jurisdiction. It is probably H the only state in the tniou where this is so. In H the Au-Uin ease the court held that if the written | slip was bookmaking the effect would be to make H the casual visitor to the track a criminal, which H mas not within the purview of the ligislature. The H snipe line of reasoning in the Shaw case will HHVH acquit him. H NEW SYSTEM AND RELIEF MAY COME. H Even if the court should convict Shaw for ex- H eroding the rights laid down in the Austin deeis- B iou. but hold that the written offer to bet made H b.r the individual bettor was not a device within B the meaning of the statute, a new. legal system of H betting -an be devised, but if the court holds that JBflBa the mere memorandum of the bettor is a device. JHVHa then tin- legislature which meets nevt mouth must JHVHl give some relief or Louisiana racing is done with JHhHb for the H Since the Austin decision tho personnel of the JHVHa Supreme C.urt has somewhat changed. Then, too. H tho;o in cl-se touch with the situation say that JHVHl public sentiment is not so favorable, and while JHhHI mull scoff at the MM, there are many who JHIHl affei t to believe that they keep an Par to the JPt Governor Parker has aeref put any sciious oh- ■■■V ktacles in the waj of racing, nut has publicly HBVH Hat il in the past that he will not sanction n rac BBVH ing i oinoiis-ion and it is not likely that he would BBVH throw out any life preservers. Taken all in all. BBVH the puliation miglit be classed as "delicate." ■■■H ai _
