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TEST CASE AT PLEASANTON I Owners of California Track Reported Planning to Attack Constitutionality of Law. SAX FRANCISCO. Chi, April lb— Matthew OBrien, general manager of the Pleas-snton race track, was in Washington the last three weeks and witnessed the racing the first seven days at Bowie. OBrien has held several conferences with .lames F. OHara an 1 Cadsen Bryan, who hold a controlling interest in the Pleasanton property, and it is expected he will make an announcement as to racing at the horse haven of the West on his return from the East. OHara and Bryan bought two thirds interest in the Pleasanton track two years ago. but the transfer was not divulged until two months ago on the death of Bod Mackenzie, who formerly owned the track in its entirety. There is a persistent report here that the promoters will have OBrien stage a "test" race at Pleasanton as a preliminary to the holding of meetings either prior to or following that at Tanforan. The anti-betting law prohibits individual wagering as well as bookmaking on the oral plan and it is said the owners of the track have been advised by well-known attorneys that there is a good chance to knock out that provision of the statute on the grounds that it is unconstitutional. Racegoers in the San Francisco bay region are very keen for the return of the sport as is shown by the interest that has been aroused already in the comparatively smali meetings to be given in the summer and fall in connection with district fairs. A half mile track is planned by the San Jose Chamber of Commerce, to be built near Alum Bock, about a fifteen minute car ride from the heart of the city. The promoters hope to get some of the horses of A. K. Macomber. Frank .1. Kelley and others for the sport. The track will be built immediately. The races are scheduled for August 11th to August 18th. The opinion prevails among racing enthusiasts that the condition as to betting could not be any worse even with an adverse court decision, as things are absolutely "bottled up" at present by the letter of the law. Interpretation by the highest court along the lines of freedom of individual action and reading of the law as to its spirit rather than its exact wording are possible and in that event the way would be opened for friendly wagers at the races.
