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ORAL BETTING HELD LEGAL APPELLATE DIVISION OF NEW YORK SUPREME COURT RENDERS IMPORTANT DECISION. Justices Coincide With Decision Rendered Last Fall by Judge Scudder in Case Growing Out of Arrest of Paul Shane on Bookmaking Charge, New York. February 21. — The eagerly awaitexi decision of the Appellate Division of the State Supreme Court in the Paul Shane case, upon which hopes for a revival of racing in New York state in the near future have been based, was announced today. The Supreme Court justices upheld a decision which, had been given in the ease by Supreme Court Justice Townsend Scudder last October and declared that oral belting is legal in this state. The decision is a distinct triumph for the racing interests and opens the way for the much discussed resumption of raciug on tU_e big tracks of the state. Tin- ease Bpoa which the decision was based grew out of tbe arresl of Paul Shane at the United Hunts Racing Association meeting last year on a charge of violation of the Agnew Perkins law prohibiting book-making with or without writiug. Shane was alleged to have accepted wagers from various persons and the ease was made the basis for a test of the law. As in all other eases that have been brought to trial since the Hart Agnew law went into effect Iu I00S. the court has taken the view that the legislature was aiming only at public bookmaking when it passed the laws affecting race track speculation. It is c.peoted that the case will go to the Court of Appeals at Albany for review and linal disposition. Paul Shane waa arte ted on June 0 la.-t at a meeting of the inited Hunts Racing Association at Belmont Park Terminal, charged with the crime of bookmaking. Shane was held for examination by Justice of tho Peace Charles F. Gittens of Hempstead. L. I. But before his case was called Sur-rof !•• John J Giahaiu. counsel for the defendant, obtain? d ... writ- of habca- corpus, which was made returnable immediately, and argued that same day before Justice Scudder. Mr. Graham and Assistant District Attorney Charles T. McCarthy submitted briefs. A speedy determination of the ca:e was held up by the request of Samuel Marcus, counsel for the Society for the Prevention of Crime, for permission to submit a brief, which was granted. The matter was of paramount importance for the .. is" that it involved not only the directors of the 1nited Hunts Racing Association but also the direc-tois 0! the Belmont Park liaeing Association, ownera and lessors of the property at Belmont Park Terminal. The decision of Justi.e Scudde* was rendered October IS and ordered the release of Paul fe*hane. who had been placed in he custody of hi3 counsel, and absolved all the directors coaacemed of any responsibility tor bis acts or for tin acta of any person arrested under the same circumstances. Tin- precedent established was of the utmost value to the racing interests, since it maintained the right of individuals Io lot privately on a nice track, whire bettiag is nut arried on with paraphernalia ami as a business. The court -aid lhat Ihe information lodged against Shane before the Justice of lie Peace iusuf fi.-ii inly charged the commission of the crime of 1 kniakiug. or "with or without writing." under Section ! S»; of Ihe Penal law as amended by L. BIO, e. |s:v which iu substance alleged lhat Ihe defendants unlawfully, wilfully and privately made several hits orally and without writing, but that a memorandum of each of tin- bets was prepared by the opposite parly thereto and shown the defendant "Such information fails |,, set forth the chief elements of Ihe crime of bookmaking as detitied bv the courts in thai among other lliings it fails to charge the defendant with the public quoting mid offering of odds: with the soliciting of bets: with inducing the public to take ihami 11 with him in aey scheme of odds, and with effecting through I is met bods any passing of money or property, said Justice Si -uddei . Shane bad paid the usual fee for admission and was present al a spectator. A .voiding t" a i|e[io-i : inn Io Deputy Sheriff Michael Williams, who made the an. — the defendant was walking around the grounds and making oral bets with various persons Who handed him a memorandum "I each wag.-r. The decision of Just ce Scudder cited an opinion of the Court of Appeals in the Licbteustefa case before Ihe words ••with or without writlag" were read iii.i the present Statute. Thai case was decided in favoL of ihe defendant. Justice Scudder held that the const! tnt ion of ihe state forbids bookmaking, but does noi define Use term. Neither does the amended statute detine it. In Iryiag Io gel at the intent of the Legislature. Justice Scudder cited the I.ainbriek case, in whiii Justice Ciiiien interprets Section 9M, before ■.-amendment, as being aimed at public gambling, p-..-fessioaal gamblers and the main tens ace of gaui bling bouses, which alone have bean subject to . a penalties of the criminal law. Shane was ie.l charged With public gambling, hut. on the contrary, it is alleged that he "did privately make several beta." The information also failed to allege that Shane was one "who engages" iu staking bets — the words used in the statute which imports a continuity of practice. The court held that engaging in book-making is bettiag, but ordinary betting on a li rse race in not a crime. "The Legislature has not mad.-it a crime to bet on horse races and the court is powerless to do so." be declared. As to the personal liability of the directors of a racing association the court agreed with the District Attorna* that the directors liability law requires knowledge of the ads constituting the crime on til" ■art of 1 1,,, persons accused, and concluded: "The law will not permit the conviction of the owner of a race track who has no knowledge of the fact that hookmaklag mot ordinary betting is going on upou In- premises." In holding bat the owner- and directors of a race track cannot be held guilt. of connivance in Molat-in the law unless thej have positive knowledge that bookmaking is being canted on in tbe race track In .1.. urr under then: supervision, Jastice Scudder was1 particular " state Unit Iwokniakiug and not ordinary betting rnu-t 1 . known to the directors before tht v • an he assumed to have any knowledge of violation of the law.
