Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-17

A few days ago / drew attention to what
deem the betting feature in the organization,
or proposed organization of the Brotherhood.
1 contend that the conditions which enforced
each club to put up s., 500 to form a pool of
$4,000 to be divided among the first four clubs
at the end of the season was betting. During
the week have received a communication on
the subject from Attorney I. ]. Fitzgerald. 1
now give the letter in full, as Mr.. Fitzgerald
cites the law very clearly and forcibly on the
matter:
DEAR t'PRINGLE''-Your reviews of sporting
events have been well defined by cotemporary as
being ''terse'' and ITO the point - but beyond
given your readers a very iLtelligible and exact
representation of sporting matters, let them be
either in the way of pleasure or gain. A reviewer
or newspaper writer seldom rises above his sub
ject but when he does and says something to the
purpose the gain is the publc's, but when he does
A good illustration Of this was given
in what you term the PLAYERS League sweep
stakes in last Sundays issue The point is well
taken. 1t makes little difference whether the
s. 500 is subscribed or ''assessed'' the results
are the same. each one of the subscribing clubs
have virtually wagered they would win or lose.
There are three attributes, ''sine qua non, :"
which constitute gaming contract or wager. ~
There must be rwo parties: ~ one of them must
win and the other lose: (3) neither of them must
nave the intention TO deliver or receive Mr..
Leake in his well-known text book on contracts,
defined as "a contract by John Doe to pay money
of given event in consideration
of Mr.. Roe paying money to Mr.. Doe on the event
not happening.'f At common law gaming con-
tracts were not unlawful, and the courts sus-
tanned them and gave relief, provided the matter
of the contra was legal and such as the courts
could entertain without prejudice to morals and
society.
But if they pertained to the corruption of morals
or endangered public safety, they were null and
void. will illustrate, eXempH gratia; a wager
trial was held void on the gSounds of its inter-
ference with Justice. Likewise an election
bet unlawful on the grounds that it would
tend TO corruption and pave the way for a pecun-
larry interest in the result of an election. The
English reports teen with authorities on this
point and every law student is familiar with the
once famous case OF Hartley VS. Rice, where il was
held that a wager by person that he would marry
within six years was held void, as operating in
restraint of marriage.
about the appeal and VIC,
c. lO9, making all wagers illegal,
provided. however, that this act ''shall not be
deemed to apply to any subscription or agreement
to subscribe or contribute for toward any
plate. prize sum of money to be awarded to the
winner or winners of any lawful game, sport,
pastime exercise In consequence Of the
equivOcation or play upon words in sporting con-
tTibutiOns. the law both in this country and En-
gland has been again modified and now only per-
but not TO monetary subscriptions where one
must win and the other lose.
There only be winner where two or more
to compete in doing something. When these
clubs paid in their ''assessm or contribution.
it was purely agreement if you win, 1 pay you;
gave the appearance of being a Legitimate bargain
without being So 1t was simply and purely a
genuine contract and counterfeit of the one laid
down in the statute books.