The evening world., 1893-12-27
HORSE RACING A LOTTERY.
Lawyer Hummel Says That Is
the McLennan Decision,
Death Knell OF the Ives Bill and
Perhaps of Horsc- Racing.

Lawyer ABB IIummel smiled when an
Evening world" reporter this morning
asked him for an opinion on the decision
OF Justice Nehemiah, Of Syracuse. that
mutuel and auction pools are lotteries.
Justice McLennOn rendered his decision
yesterday In the case OF Thomas ID.
Reilly. who sued Milton G.. Gray to re-
cover Sl,I5O Invested in mutuel and auc-
ton pools at Saratoga last Summer.
at Is the death knell of the Ives Pool
bill" said MIR. Humme!, softly. but with
evident satisfaction. III auction and
mutuol pools are lotteries, then book
making is a lottery. All three are differ
ent methods Of speculation on II horse
race. which IS essentially a lottery"
Justice McIennan says the tunstitu-
ton does not prohibit betting or me
II not Illegal at common law" said the
reporter,
"But the constitution does prohibit
lotteries" replied Mr.. IIummel. still
smiling. You see. horse racing is n
game OF chance. 1t makes no difference
whether Salvador races against a car
horse. There IL still an element OF
chance Salvador might fall down. or
break a leg and the car horse would
You will admit that in every race
there is an element OF chance. Any
speculation on that chance Is, therefore,
as much of a lottery as the drawing OF
a ticket from a hat.
Justice ~Mcl.ennan's exemption OF
bookmaking does not change the real
issue. 1t makes no difference whether
the Spectator invests in mutuels, anc-
lions or makes wagers In the books. They
are betting on a lottery just the same:
Hummel here aid a law book before
the reporter. The decision or judge
Dixon in the case OF fahok s q
In 1877 for selling pools. was pointed
out. The part underlined b. Mr.. Hum
mel WaS aS follows:
Few persons who have witnessed a horse race,
viii, ! think. hesitate to arlrtn that tn" success
" any given horse is a more fOrtuitous event 'hah
such contingencies as these. The physical condi
ton Of the horse and his rider. the iasteninss OF
his rider and his owner In running him. the state
Of the weather and the track, and these same cir
oumstances In the case Of every horse that races
against him, are all matters about which the
judgment Of the outside bettor can avail him no
more than the ]nrithmetical calculations NJ chances
can avail the dice-thrower. | conclude. there
fore. that the facts found contain every essen
tlAl OF a lottery.
Bill Lowell. who Is known on every
race track, sold auction and mutuel
pools and made a combination book.
This latter came clearly under the head
OF bookmaking. The player picks out
two or more horses and the bookmaker
lays a certain price that they Will not
~"
two persons.
Judge Fitzsim93s, in the Brltton-
Irving case, decided a few weeks ago
that he was satisfied that pool-selling on
horse racing. and lotteries, are not even
like one another, and that It has never
been intimated by any act OF the l.egis-
iature that horse-racing was regarded
as "A lottery.
This case has been appealed by Howe
e. IIummel. and II the Court of Appeals
decides. as Justice M~cLennnan mas done,
tina pool-selling Is "a lottery. the outlook
| for racing in this State IL very bad.
II is not improbable that Peter De
Lacy, the. pool-room man. VINO has Ions
been waiting for a chance TO close up th'
race tracks In this State. viii make som,
important move in the near future. ID
Lacy has sworn to get even with thu
race tracks In this State for interferint
with his pool-room business. He made
associations. with the result that Mon
mouth. Linden. Elizabeth and Clifton
were closed for several years.
To shut down racing in this state
means a loss of millions OF dollars &c
the breeding interests. Nearly s., oCo,ot
Is given away annually in this stat,
ieni. cut OF the effect on breeders
would be disastrous. A race horse Is
vailed according to his earning capac'
ity with the cream of the racing In
would take u remarkable tumble.
Peter De Lacy. when seen. by al
Evening World" reporter. said:
81 am hardly inclined to believe tina
the decision IL as sweeping In character
as Howe & Hummel believe, Yet II the!
say so | would bet on their judgment.
"As far as ! can see Justice Mcl.ennat
exempts bookmaklng from his opinion
II IL hard to get an opinion on the con
vtitutionality of the Ives law. | don
see why II Justice Mclennan INTENDED
to convey the idea that the law wa
unconstitutional he didn't come out II
main lnn.lla 90 ana say so,
Howe e. Hummel Will get a copy o
the decision. and until | have CAREFUL,
read 1t ! cannot express an opinion