The evening world., 1893-12-27
HORSE RAGING A LOTTERY.
Lawyer Hummel Says That Is
the McLennon Decision.
Death Kneli OF the Ives Bill and
Perhaps OF Horse Racing.

Lawyer Abe Hummcl smiled when an
Evening World" reporter this morning
asked him for an opinion on the decision
OF Justice McLennon. Of Syracuse, that
mutual 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 81. $50 invested In mutual and auc-
ton pools Mt Saratoga last Summer.
at Is the death knell Of the Ives Pool
bin" said MIR. Hummell, softly, but with
evident satisfaction. 'If auction and
mutual pools are lotteries. then book
making IL a lottery. All three are differ.
ent methods of speculation on n horse
race. which IL essentially "A lottery"
Justice McLannnn says the cOnstitu-
tion docs not prohibit betting or the
making OF wag"is. lie alno says that II
Is not Illegal at common law said the
reporter.
but the constitution does prohibit
lotteries" replied MIR. Hummel. still
smiling. You see, horse racing IL n
game OF chance. II MAKE no difference
whether Salvador races against "A car
horse. There IL atill an element OF
chance. Salvator might fall Town. OF
break IA leg and the car horse would
win.
You will admit that in every race
there Is an elenlent OF chance. Any
speculation on that chance IT,. therefore,
as much OF a lottery as The drawing OF
"A ticket from IA hat.
justice Mci.pnndn's exemption OF
bOokmuking does not Chunge the r"di
issue. IL makes NJ difference whether
the Spectator invests In m%utuelS, auc'
are betting on Il lottery Just the same
IIummel here laid II law book before
the reporter. The decision, or Julg,
Dixon in the case OF Bookmak"r Blll
a,.ll NNhn NpnA nFTnltn1 In InhDksl
In 1871 for selling pools. was pointed
out. The part underlined by Mr.. Hum
mel was az follows:
Few persons who have witnssSc' II horse race,
viii. think, hesitate to Bfirm thnt the success
of an! given horse Is n mere i~ortniton~ event ,hat
such contingencies as these. The physical condl,
ton OF the horse and his rider. the tasicnines o,
his shoes. til. honesty u purpoHe that actuatr'
his rider and his owner In running him, the state
II the weather and the track. AMI these same en-
cumstrnceA In the cas-. OF every horse that RE
against, him, are all matters about which tn'
Judgment ~ the outside bcttpr can avail him NJ
more than the arithmeticni calculations Of chance,
an await the die" thruwer. | conclude there
fore. that the facts found contain every essen
tIGl OF II lottery.
Bill LOWELL, who IS known on every
race track, gold auction and mutuc
rools and made a combination book
This latter cam. clearly under the head
u bookmaking. The player picks ou'
two or more horses ana The bookmakei
lays n certain price that they viii not
| " 10 - '' 'f''
two persons.
Judge FitEsimmons. In the Britton
Irving case. decided a few weeks az,
that he was satisfied that pool-selling OF
horse racing. and lotteries. are not ever
| ike one another. AMI that II has never
| been intimatci by any act of the l.egts'
lature, that horse-raClng was regarded
as Il lottery.
This case has been appealed by Howe
& liummei, ana II the Court of Appeals
| decides, IN Justice Mcl.ennon has done
that pool-s.llins IL a lottery. The OUTLOOK
for racing In his State Is very bad.
II Is not improbable that Peter. DE
Lacy, the poOl-room man, who has Ions
race tracks in this State. viii make som,
important move in the near future. ID
Lacy has sworn to Eet even with tht
race tracks IN this state for interfering
with his poGl-roOm business. lie mad
the same threat to New Jersey raCint
associations, with the result that Mon
mouth, Linden. Elizabeth and ClEftoi
were closed for several years.
10 shut down racing In this STATE
means IA loss of millions Of dollars Il
the breeding interests. Nearly S2,UV,OV
are given away annually In this STATE
to horsemen. With this amount sud
1enl! cut off the effect on breeders
would be DISASTROUS. A race horse IL
ity. with the cream of the racing In
dustry suddenly SKINNED off price.
would take IA remarkable tumble.
Peter Del.acy was not at. MS ono,
this morning when an Evening World
reporter called. II Is SAID, however
that he IL Immensely pleased with thu
MCLannOn decision.