The morning call., 1891-04-14
DECLARED VALID.
Judge Levy Sustains the Anti.
Pool. Room Ordinance.
The Book Makers Will Make Final Appeal
to the Supreme Court - The Ruin
Wrought by the Rooms.

Superior Judge Levy rendered the follow
ing oral decision yesterday concerning the
validity of the ordinance recently passed by
the Board of Supervisors, prohibiting pools
being sold or books made on any races or
other wagering events outside of the race
track or other place where such events are
decided:
In the matter Of the application OF George f.
Tutlle on habeas corpus. the application was re-
ierred 10 me as Judge oil Department ~ OF inc
Supe rIor Court, Knowing the Importance of the
matter, requested two other Judges TO SIT WIN
me- Judges H0ge and SanderSon. After consult
ing the other Judges have como to the conclu-
sion thai il is not necessary to write an opinion
In the matter we are unanimous in the opinion
that under elton II OF Inc State Constitution
aud the legislative act OF 1862 the ordinance
passed by the Board of Supervisors in reference
TO pool-selling is valid. The petitioner is re-
manded 10 custody.
TEST CASE.
When the Supervisors passed the ordi-
nance, the local book-makers resolved to
make test case and all of them closed their
rooms except S. B. Whitehead & Co., of
which firm Tuttle was a partner futile
purrosey made bets in his pool-room to
invite arrest, and was taken to the City
Prison. He was released on a writ Of
habeas cor pus. The writ was heard some
two weeks ago by Superior Judges Hoge,
SanderSon and Levy sitting in bank. The
result of the hearing is given above.
After Judge Levy's ruling Tuttle was
taken in charge by Police Sergeant Healey
and escorted to the City Prison. He was
soon released on another writ of habeas
corpus issued in the Supreme Court by
Judge Mcfarland, returnable Monday, the
27th inst.
DENs OF CRIME.
1t is utterly impossible to estimate the
ruin, misery and crime for which the pool
rooms of this city are responsible. The
police head officials regarded them as the
hOtbeds OF vice and the Immediate cause OF
the downfall of thousands of young men.
The Society for the Suppression of Vice has
combated the pool-rOoms for years, but all
their efforts to close them were defeated III
the Legislatures The society kept record
of the number Of persons who visited the
rooms, and from them some idea can be
formed of the number of their victims.
AN ARMY OF GULLS.
In September last the sOciety's records
show that in one week of six days, between
$3.50 o'clock in the morning and 1880 in the
evening, II, 700 men and boys entered the
Vool-rooms at 20 LeideSdorff street and TO-
$50 the rooms at Az California street.
Allowing 500 per day as a reasonable aver
age at each place for persons entering re-
peatedly left 2, $50 visitors to both places or
3j0S each day. About half OF these were
young men, One-IOuTtU luluult-dSeu Iheu
and one-fourJh old men. About half were
business men, one-quarter appeared like
clerks and office boys and one-fourth APP
peared to be labOrers and draymen.
These figures apply only to two rooms
When it is remembered that there were no
less than five large firms operating and some
eleven lesser ones where wagers as low as
twenty-five cents could be made, the fig
ures of the total patronage are something
enormous.
THEY ARE ALL RICH.
While the boOk-makers of course object TO
having such an enormously remuneratlve
business closed up, they are none of them
in need of financial assistance. When the
pool rooms opened here some six years ago,
all of them were as poor as their unfortunate
dupes are now. Now, not one of them but
is independently rich and able to take his
ease for the rest OF his life. 1t is not over
three years since that some of them, who
were then lo2fng around the rooms as tOuts,
often had to request tile loan OF 70 cents to
get meal with. This is all changed, and
these very men now wear the finest clothes
and diamonds, drive their private turnouts
i'll the park, own real estate and live like
millionaires. The percentage against the
public was so enormous that book-maker
could not fail to make fortune.
Judge Leyy's decision was entirely uG-
expected by the boOk-makers They had
every hope that the ordinance would be de-
elared invalid. In this they were fortu-
nately disappointed.
GOOD RADIANCE.
Although the case has been appealed to
the Supreme Court they entertain no hopes
of reversal and most of them will leave
the city fer Il East. The army of tOuts,
runners and hangers-on that lived off the
crusts tossed them by the hoOk-makers will
have a hard time now. The new vagrant
law is beiug strictly enforced and unless
they 60 TO work or leave the city they will
be arrested and given free quarters for