The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-10
POOL SELLING.
A Protest Against Standing Upon Tech
nicalities in distinguishing an Evil.


From the Nashville Banner
We may expect that every quip and
quirk and fine hair-spltting technicality
that the ingenuity OF adroit attorneys can
bring to bear will be used to sustain show
Of legality for the pool selling business,
but the common sense OF law and right
ought to prevail to suppress business
which was started by Legislative trick.
But il would be a shame and disgrace to
the State il an admitted trick in legisla-
ton, lobbied through for the purpose Of
secretly coun,ervailng an approved law,
should render the courts powerless to vim
dictate law and make the pool sellers the
bosses not only OF legislation, but Of the
people Of the State.
But the disregard Of the common sense
and justice OF law, and the Ringing OF an
unlawful and confcssedly evil business
upon technicalities, may take things a
little too far for the gambling business II
the privilege clause in the revenue billrec-
ognized pool selling-and 1t does not-the
poolrooms would be still violating the law.
The clause referred TO names $500 privi-
ego tux for selling pools" only. But as
II :act the biggest business OF the pool
rooms is what is known as "bookmaking'
and not pool selling. There is difference
between pool selling and bookmaking. In
the selling OF pools the buyers bet among
themselves and the pool seller gets only
commission on the pool. The bookmaker
bets directly with his patrons and victims
Just as the faro dealer does, and he rakes
in all the losngs. Tho statute prohibiting
the general poUlroom business specifies
"pool selling" "bookmaking" and Com
bnaiions," and these distinctions are
clearly understood by all who bet on
horse races. Now, as we have before said,
the privilege clause in the revenue bill
does not mention bookmaking or combin-
atoms, but only names u privilege tax for
"pool selling" II, therefore. rs the pool
room men claim they are entitled to keep
open gambling. houses because they have
paid u privilege tax, they are violating the
law, even us they constrne ii, by making
books and combinations. Under their
own construction OF law, they have the
privilege only of selling pools, and their
main business Of bookmaking or direct
betting is unlawful.
But the whole business is unlawful and
opposed TO good public policy. The bucket
shop case, on which the attorneys for the
book. makers rely, will not justify the
business. The welfare OF society demands
its suppression. II is conducted in oppose
ton TO the will OF great majority OF the
people Of Tennessee, and its ruinous effects
are iar.reuchng and dangerous. Tue
MEMPHIS ApPgAL says the claim that the
reference 10 poolsellng in the revenue
bill repeats all the general laws relating TO
the business u u very singular Claim, and
that "tho same line Of reasoning could be
applied 10 whisky-sclling aud knock the
four-mile and every other law against IL
out in short order. The general laws on
pool-scllng specify who may engage In the
business the revenue bill fixes their priv
ilcgc tax" Concerning the tremendous
evil Of the pOolroOuis, TnR ArPEAL says
"Thcre are few cities in the country
where the poolrooins are permitted 10
flourish aud spread out which have not in
the long run dcplored the unbridlcd IL.
ceusc and cried loudly for halt. Mem
phis is passing through the same ordeal
now, and the sentiment against the cniic-
Ing gaming establishments daily gains
| scores Of converts. The same causes which
| brought about tumuliuous p.otcsts Ia
other cities prevail Lctc. Young men and
! beardess boys haunt the places daily. put
! ting ~ money on short horses that never
come in, ~ long ~ IL holds out. While
| everywhere else business may appear dull
M in midsummer, the three pool'ooms In
| luil blast here have about all the patrons
| they can attend To. When losses nrc sus-
tanned nj gambling. IL Is human nature TO
Get even Il possible. Men become reckless,
desperate, especially the young, when
their losses are complete. Memphis now
numbers among this clas of It's citizens
| hundreds who eau bc designated as
gamblers. victims OF alluring temptations
10 risk money at heavy odds. They loom
up, in an their gloom and desperation,
among the throngs one may lind in the
| poolrooms any day gazing at the black
| boards, relating how they would bet "
only they had tho money; how they won
on some earlier day in thc action. and how
they lost all later. AS one victim put IL,
Il had enough money laid aside when
these pooltooms opened 81 take long
summer trip. aud intended doing 40; now
| haven't got cent
"1hcre can bc bu, one sequel TO these
lavish and continued contributions TO the
proprictors oiihesc gambling shops Pushed
To- the wall by creditors. anl insane from
desire TO retrieve their losses, employers
OF the victims will suffer- the police will
be called upon TO do their duty, a jury will
convict the prisoners, a Judge sentence
them. and that Is the story"