The evening world., 1891-11-18
The Decision in the
Haring Case and Its
Probable Effect.
HILLTOP FOLKS c0MPLAcEAT.
A Large Crowd Sees Racing on
a Mud-Covsred Track.

The decision in the Hartng case, for which
the managers of the Monmouth Park, Linden,
Elizabeth and Clifton jockey clubs havo
looked for so earnestly and anxiously during
the past year, was handed down by Chancel-
lor McGill, OF the Court OF Errors and Appeals
OF New Jersey, yesterday. 1t practically puts
an end to racing in New Jersey, where tho
local sentiment Is against 1t, unless the Legts-
lature should adopt some such measure AZ
the Ives Pool bill during the coming session.
An explanatory paragraph regarding the
Haring case may not be out OF place. In 1887
the New Jersey Legislature passed an act
making betting on horse races lawful In all
purposes save in q civil suit, when 1t shall b0
deemed unlawful. The act was amendatory
to another act. The people who drew up the
amendment were either ignorant or intended
to rush the bill through before its purpose
could be OWNED for they neglected to quote
the original act in full in the proposed new
statute.
In New Jersey law can only be AMENDED
by quoting the original act in full.S Tho
amendment simply referred to the title OF the
act and was rushed through the Legislature.
INC TtClllS UsotClHllotS ou tuSh uubfS
ness openly, and the authorities made no
move until Peter De Lacey stirred up a rum.
pus in New Jersey. Then they awoke to the
fact that the law OF 1887 was unconstitu.
tional, ana when John L. Haring, poolseller
OF Paterson, n. j., was indicted for SELL
ing pools on the Clifton races the State
Prosecutor raised the above point.
The Supreme Court also took this view OF
the matter and Haring was convicted. He
paid fine OF s4OO. The racing associations
knowing that their only chance lay in prov.
Ing the constitutlonality OF the law OF 1887
took up Harings case, employed able counsel
and went with 1t TO the Court OF Appeals. The
case strung out for nearly year, with the re.
suit as announced In the first paragraph OF
this column. There is no getting away from
the fact that the law Is unconstitutional and
that betting on horse races in New Jersey II
illegal.
The management at Guttenburg learned OF
the decision yesterday through THE EVENING
WORLD reporter at the track. II did not af-
feet them In the least. Mr.. j. C. Carr sai1
that the decision had no bearing on racing at
Guttenburg and that the meeting would keep
on Just the same. MIR. Michael F. Dwyer, like
the game man he is, smiled just as pleasantly
as though he was not the proprietor OF New
Jersey race-track and wasn't losing thousands
OF dollars by its closed gates.
the friends OF Messrs. Engenan. Battersby
ana sass, Of the Clifton Association. Their
case is Of an entirely different nature, but the
decision In II has been delayed until the Court
OF Appeals handed down its decision In tho
Harvey case. The Clifton people have been
sentenced. but they appealed on the ground
The decision in the Halrhg case viii un-
dou6tedly AFFECT their case.
The racing at Guttenburg yesterday was as
good as II possibly could be In driving hurri-
cane. The attendance was large too, but this
was to be expected, for the programme was
very attractive one. The regulation trio OF
favorites got home In front and the public and
day was In the third race when Ny Fellow at
odds OF 10 to l, beat Banquet out The latter
was heavily backed by his owner and
he can .hapS Ss yary Sr Hsns
on the Dwyer horse. Early Blossom cantered
In ahead OF Tormentor and Busteed The re.
suit might have been changed, however had
the later not been interlered with at the
post by Laughing Water, who pulled directly
across Busteed. Bitten won the nlth race
haudily trom Peruvian, which was TO be ex-
peCted, for Bradcy'S colt outclaSSes the
Montgomery Stables candidate In every way.
Freddy Doane rode him well, keeping within
halliny distance until the stretch was
reached Papa - Bradley must have been
certain that Bhtzen would win, for he bet
$3.50 on him, which is swell wager Tor the
Virginia turfInan
Miss Belle won the second race very easily
from Dalsyrian, Rambler and others She
was entered 10 be sold Tor sl,Soo and was
promptly bid up $500. Then her owners bid
her In. II is hard TO understand why this
mare should be made the especial target for
bidders Every time she starts In selling race
and wins up goes her price. she Is owned
by two young men, whose only possession Is
this mare. They run her honestly every time
She starts and they invariably have to pay
the value OF the purse to keep her. IL Is all
well enough TO run up horses owned by rich
men, hut the poor man should be be given at
least half chance.
The track at GARFIELD Park, Chicago, yester-
day was iruZen sUlid!y, and only one race was
run, flye-furlong selling dash. The track
superintendent might come East ana take
few lessons from Supt. Tom Strahan, or Gut.
tenburg, who Is about the only man VINO
knows how TO prevent track from freezing.
Capt. sam Brown says" have flly that
promises to be a world beater. she Is by
imp Richmond, out OF Katie A. In private
trial a week ago at Westchester, the hlly ran
three-eighths OF n mile In 80 seconds, which
Is regarded as phenomenal
ghe Lexington race track will be sold at
auction on Dec 22.
State Senator Donaldson Ill