New-York tribune., 1876-11-23
BOOKSELLERS IN ALARM.
rrFECT OF THE EXPOSURES.

EFFECT OF IhE EAfOSUhr'o'
John moRlassEYs NOTICE TO PoOL-BuYERs-THE
swINDLERs AFRAID or LEGAL PROCEEDINGs-
now THE pUPEs CAN REoovER-DUTY OF PUB
LIc OFFICIALS.
THE TluBUNE's exposures of the frauds perpe-
4a in tine po,rooms OF this city have caused much ap
prehension among the leaders in this business John Nor
rssey has taken the alarm appears from notice whcn
he has recently caused TO be published He has decdeu 70
allow persons who have purchased auction pool tekes
Oh the general result the Presidential contest to WIN
draw their money the percentage of the poorooms
~ the consent OF the persous holding the corresponding
tickets is given; that Is the persons ntereSleu Ill
pOo would rather have their money than ran Tue cha'
OF winning or losing and the feeling Is mutual toy can
ret the stakes back by paying John MorIlSsey Io "
DER cent on the amount BY this offer M0rssey hopes W
induce persons who may be contemplating Iesal pro
ceedn for the recovery OF their money to give up the
purpose He is constant state Of uncasness on ae
count Of tie complaints opportunities anG threats OF
resort 10 the courts made by men VINO are crppeu Ior
c NJ the hundreds or thousands OF dollars which they
have put in the pools. Many Of these unable to wait
until the wagers are finally decided by the vote OF the
Electoral College OF the inauguration of the next Pres
dent and impatient of the slow processes OF the cots
have sold their tickets at heavy discount Morrssey
hopes to avoid his or and If he gets his per-
centage it Is immateral to him that the money is
withdrawn except that he loses further interest on IT,
Some have thought this device to enable Demo
Gratis 10 get their money out OF the box by Persuaus
the holders Of opposite tickets to withdraw
Rv Section g. First Volume Revised Statutes page Co.,
all gambling wagers BETS aad stakes, including pools
arc declared unlawful and by Section 8, any person VINO
mas mt any money into election pools or wagers as into
other forms of gambling can every cent from
the poOlseers the pools have not been pald OF from
the winners If they have been paid The inconvenience
and even distress caused by reckless betting III Poois
which will not be decided certainly for weeks 10 como,
and probably not for months, affect so many people anu
nre 40 serious that there doubt proceedings wouu DC
taken Immediately by very many persons 10 recover W
money II were for the proyerDai delays Oh th0 %
But there Is another provision OF the law-Chapter
NJ Section 6-of grave importance to booksellers ana
poolbyers and which Just now is forcing user upon
the attention of public officers. This says that 1t snail
be the duty OF ali sher police officers, constaDes' anu
prosecuting dstricattorneys to inform against anu
prosecute all persons whom they shall nave creupie
reason 10 believe offending against TINS act lio
Gambling acl and refusal so to do they shail DC
c1Iity OF misdemeanOr and punished by ine OI ho'
more than $500" A TRIBUNE reporter conversed yes
r,lay with several officials to their duties under ts
statute.
sheriff Conner said that he not aware and did not
believe that ne had any duty 10 perform In the PROMISES
at present at least He concerned chiefly with the
charge and transfer Of prisoners in the CITY, he knew
there was agitation through the city about the pool ous
ness but nothing had been said TO him officially Per
haps this law would compel action on the part OF shers
outside of the city, who not confined TO certain
round Of work would confess TO some ignorance Oh
his exact duty in the natter possibly some OF the law
yers would know.
ttorney Phelps said he must decline to say
anything at all about the matter either concerning any
stems that had been taken or might be taken' OF
even might be contemplated. His position ana tDe CIT
ounstanees made it unwise for him TO make any state
ments He also declined to say whether or not he had
received ay communication on the matter IN Els ocl
capacity lie asserted that the duty of the sherii OF
NewYork was exactly tine duty OF any other
sheriff Mr. Morr1ssey claims that he consulted Mf'
Phelps before opening the pools and had assurances
from him that he would take active nitiatory steps
against him in the absence Of positive laws on the SUD
James r. Cunning, sher7s legal adviser was called
npon he replied TO 9qessIn 81 Slows Tb statute ar
peared 10 be very definite In placing inc resp0hsOiS
ined closely much more indefinite aud SO laI a5
affirmative action on the part ol the sheI Is couSeIV
1t is dead letter. lt would 6e asking e99u ,e' 70
demand that he with all his other duties, should ac as
detective order that he might have eredoie reason
10 believe" that the transactions at john MorIsey gre
against the The Sheriff would he taxing upon nlin
self heavy burden Tor when ne wou @ ep Derson
t. look into the matter aud TO take acuoa nus % hs
been DONE example In the case OF the american Ar
Union-an oldtne lottef! u1ueI tG w hnId NJ thc
The Distrct-AttOrney OF that DAY tOok hoIu VI 'ho
1t is held however 10y other lawyers that the words I
the act are mandatOrY-"it shdH be the dWy OF all
sherfs police officers cODstabes, and prosecuting on
disrictattorneys, to inform against ana PTGSGeute ot
persons offending against tins act Ana ahGusn m M
ACT as asking a good dea to demand that they WIN an
their other duties should detectives, II ncNeflne
less a, uart OF their dy under the law and on assdI
inc their different offices they each and all made Oath 10
propery attend the duties imposed on them Dy law
they certainly cannot shirk tins The Gambling act mas
rot amended repealed in any way affecting pools
or lotteries "a, ~. ,.,.,.
President smith Of the Police Board said that under
the sfsfnte as understood il, the police had no au
tbory TO Interfere with the pOOl-selleIs Ihe District
Attorney was directed to prosecute all persons "nOh
he shoud have credible reason believe were offending
AGO the attention of Mr. Mclean, the counsel of the
Police Board called to this matter as III tne 0p3n
OF the commissioners there was nothing 50 hufIu 10 e
coinnmity at large pOOlselmg, but Mr. Mclean was
of the opOn that under the present statute IL was not
The ,luty of the police authorities 10 act III the case
Prpgidelt Smith did not think that the P0lce Depart
lnent was under obligation TO stop poOlseing without
law than that In force Moreover Tue
police authorities had no proof that there had pee any
ooselliuR apart from the advertisement OF MOfssey
Co that all persons holding pOOtckets on the geuera
result OF the Presidential election wishing 70 WITHDRAW
their money could by consent Of the holders OF e
opposite tickets and he thought this was done 10 cover
themselves as after space OF three lnOnths 10 OnC
has sued the stakeholder winner OF bet or pool 10
recover the amount OF money he had lost tue COhhs
souers of Charities and Correction had the power 10 sue
and recover treble tie wagered, anu appropriate
the same for the benefit OF the poor 80,
Many lawyers Of the opinion tnat the seles OF ne
noos on the election be restrained by au order from
the courts ON the complaint OF the District Attorney
fom having any bets or pools. IL is understood that
some action probable early next week at tc nsts-
fion of two or three Church Christian Associations
having moral purposes in yiew but whose EilEcs cOu
moi be ascertained the lawyers said to be employed
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