New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-22
TO STOP POOL-SELLING IN The CITE
COUNSEL CLARK INTERPRErs
THE LAW FOR THE POLICE COMMISSIONERS.

THE LAW FOR THE POLICE COMMISSIONERS.
Corporation Counsel william IT, Clark sent to tho
Police Commissioners yesterday long letter the
subject Of poolselllng in the city of NewYor and
its possible suppression by the police. u called
out by the reports of supcrniend Mt Murray and Other
officers of the Police Department respecting arrests
for violation of the pool laws and the discharge II
the prisoners by police justices on the ground mat
the law had not been violated
These reports, Mr.. Clark says. show that between
July II and % twenty arrests Of this kind
made. OF these sixteen were brought before four
different magistrates and all were d.
charged The four other prisoners were
parUled. insufficient evidence he
reason given for discharge in each case, ard the
Corporation Counsel thinks II is hardly worth whils
to continue the arrests Of alleged booksellers unless
stronger evidence can in some way be procurel'
u do not wish TO be understood "a expressing An
opinion that the evidence which your department.
he's already adduced would be wholly insufficient to
warrant judge In submitting the case to jury
on the merits and it Is possible that upon the same
evidence other judges the Court of General Sessions
might have done So"
Summarizing the various acts of the Legislature
to prevent pool-selllng Mr.. Clark thinks that 'he
following actions made crimes;
To keep place with appliances Tor recording or register
ing or wagers To keep such place and appliances
for selling pools To record register bets or "agers
To sell pools To permit premises TO be used or occupied
for any OF the above purposes To keep or exhibit or
employ premises any device or apparatus Tor re-
cordlng registering bets To keep or ex.
employ in such premises any device or apparatus
for selling such pools TO become the custodian OF u'
possry hire reward Of money property OF tnns
Of staked wagercd pledged upon any result etc
The booksellers having hitherto escaped conviction
on the ground of being common carriers Mr. CLARK
says:
am satisfied that the most efectual way 10 break
up the sysbm Of poosclling in this city Is To show oy
proper evidence that the money placed III tne haus ot
the so-caed common carrier is not. in fact Transmitted
TO the course but Is retained by the ticket seef
to await the Of the race
The Corporation Counsel cites a pOolsellng case
Just decided which originated in Saratoga County, in
1887 and came before Justice Fish at Special Term
Of the Supreme Court of that county on appeal IL
was case almost precisely similar TO those in which
New York police justices refused to hold the vloa'ors
of the law Justice Fish's decision adverse 10
the defendant. The Judge said
1t is quite clear to my mind that the enterprise OF the
defendant is within the line Of industry which the Iegi'
latue intended restrain. II was no doubt arranged IN
reference provisions Of the statute and so as to eyais
the and possibly the substantial terms The ONCE
defendant be considered klnd OF oraneh de'
partment Of the shcepshead Bay track The real
transaction. if stripped of the disguise thrown over H.
comes squarely within the prohibition.
The defendants appeal was dismissed. and he was
held 10 await the action of the Grand jury ITO
slmplifed matters however. by pleading guilty. al inc
Court of General Sessions and was fined 20 Mr.
Clark concludes with the following ADVICE 10 tn'
Police Commits sioners:
In view of the strong opinion Of Judge Fish in the case
cited think further should be made to enforce ho
law against bets wagers AMI pOoseins In the city ana
County Of New-York ! therefore advise that the oo'
missioners Of the Police Department consult Win the us
trict- Attorney the nature and quantity OF the eVIu
REQUIRED for conviction and the best mode oil securing
such evidence and they give yroper drec10ns
the Superintendent and other ocers OF the Department. "
tn, PURPOSE OF enforcing the law.