Show I DECISION IVEN ON ORAL BETTING Albany N Y i Nov O Is a crime when accompanied hr by a record oi 01 tIme the use of some somo part of tim tho of gamblers according to a the de han ed down today by the court of appeals In effect the decision holds that orl oral betting does docs not constItute book bool In III violation of the track gambling laws The court of aC firms the order of the courts for forthe forthe the discharge from rota custody of Orlando Orlano Jones ones antI and Sol Soi I L who ho were indicted In county on Ii charge of In holding holding that the laying of odds alone alono does docs not a Judge Haight said saidI If a man mali should of offer el to bet the I lathes ladles of his a pall flair of gloves 01 or ora a box of oC candy it not be bc the tho laying or of odds anti and publishing tue thu same To hold him him to be 1 tm or er be a departure from the rule that gives Ives time the statute their and accepted meaning anti would bo be boa bea a construction which was not hot within I the lie of the tho legislature Chief Judge Culen In his opinion says ion should be practical it Is at al least doubtful whether a stat slat ute ole OC offer or of oC a bet or wager a crime could In Inthe inthe the present state or of morals antI and habis habits of tile tho community ie be enforced While in iii realty reality the statute Is dl di directed reeLed against not against Is its Incidents time the law mw has laid hold or of certain on limo tho theory that those eing the lie 01 evil Itsel itself be suppressed because of the of carrying on gamb on oil a large scale without sonic some or of ort t the e accessories by 13 the statute Hol fal far this plan has proved site SC In opinion Is for time the Euro ture not the court to lu determine antI and we cannot that the aim of these Then men a crime unless it fals fails within the tennis torms of time the statute In a opinion Judge Van Vann sa says S The constitution forbids Ing without defining donnin It and the stat statue ue itte forbids In It without tie de fining It JU ie of tIme the it com Chili of the constitution lon l the he his history history tory of legislation on time the subject as veil a as the origin of the word book making anti and is its meaning In the coun country country try rob which We borrowed It it I think time the statute gambling wih with or without time the aid of any writing b be cruIse is not nol of the substance and If resorted to Is a mere merc Incident incident Engaging In tIme the business ui of h 1 ln In quotIng Ind anti Ilg orders to a of J peo pie pIc he be lie tho evi evil aimed at not the of a record or of the bust bustness ness Is mao inno innocent cent |