The evening world., 1893-11-22
eoision Of Judge Fitzsimons on
the Ives Pool Law Case.
ktsburs Phil Makes an Old Time
Coup at Guttenburg.
\sterday's Races Interesting. but
Long Drawn Out.

The Britton-Irving matter seems to eff
fectuslly settle the claims OF the pool
room men that the Ives Pool law Is
unconstitutional. The pool-room men
have claimed that pool-selling is a lot
,c-y. and was therefore prohibited by
the constitution. After settling this
question to their own satisfaction. and
deciding that betting on horse races was
n crime, they argued that the Legisla-
TIRE had no right to permit Il man to
commit a crime on one side Of the street
md prohibit 1t on the other.
In answer to these arguments, Judge
i1,zsimons gives 1t as his opinion that
.,be claim that pool-selling upon horse
racing Is a lottery, and prohibited by
,he constitution, l have to say that a
4. eful review OF the gaming laws of
~, State satisfies me that pool-selling
N horse racing n lotteries are not
Ven like one another" Judge Fitz-
tmons further says that 'the Legisla-
lure had a right to fix the place and the
pefiod at and during which such gam
fng could be carried on. The fact tina
it forbade pool-selling at all other places
was something which 1t had a right to
10"
Howe G. Hummel, attorneys for Brit
ion, will appeal the case. They wish
ilso to have the decision OF the higher
courts on the matter. The suit was re-
TO Irving in payment OF bets made at
the Morris lark race track. Britton
pleaded the baby act' and refused to
pay when the notes became due, alleging
was a gambling debt. The decision will
have an important bearing ON such mat
tiers In the future.
"Pittsburg Phil made another Of his
famous coups at Gutenberg yesterday.
Phil had his mare Derfargilla in the
fourth race. She opened at 3 to /. In
stantly a number of men. strangers to
ffties and hundreds in every book. The
pencillers grabbed the bets. not know
ing where the money came from. Der
fargilla went to the post an even-money
more and others in the race. The
strangers were new commissioners Of
the young plunger.
. t,D ns a efhat SPf,r Set took ea at least st sio, eso
out of the ring. When Smith thinks he
has a good thing he bets the ring to a
standstill, and will wager any amount.
the pencillers do not fear to take heavy
wagers from him.
The racing at Gutenberg yesterday
was very interesting. but long drawn
#put. Inc jockeys acted ike Il lot or I'M
utored Indians, and MIR. Caldweli's early
English had no more effect on them
than would water thrown on a ducks
back. The Association should read the
understood that all are anxious to get
away from the post and win II possible.
but there Is no necessity for break after
break when a start was an impossibility.
The delays at the post not only exas-
Iperate the spectators but spoil the
Form.
Milton Young has purchased from the
Camden Stable the two-year-old bay
lilly by Strathmore. dam Spaldie.
Polo Jim was in his old position yes
terday. He was still a trifie lame from
the kick he received at Clifton, but did
good work nevertheless. Jim Is a valua-
BILE assistant to Mr.. Caldwell.
The Ironmaster and O'Connell were in
TO be sold very cheap. Some day some
body will get sore and give certain
horses a boost.
AK Yesterday seems to prove that time
records for %trotters are OF very little
value when 1t comes to a race. Neither
trHtted up to Its record and although
easily beat her in 2.0S by nearly twenty
lengths. The Mascot irectum match
proved the same thing. Directum Is
probably the greatest trotter in the
country.
Johnny Campbell Is in hard luck. He
bet heavily on Black Hawk yesterday,
and as In the case of Pessara, had to be
content with second place. Black Hawk
was played from 4 to ] to s to s.
Detroit Is a strong finisher. He looked
hopelessly out OF 1t at the head of the
stretch.
The bookies seemed very eager for
Maidstone money yesterday.
Good money went in On Polydora. II
VII be paid back with interest wher
next she starts.
,Clay's riding OF Azrael and Dalsyriai
SHOWS a vast Improvement over his worl
Sam Doggett won three races at Gut
tehourg yesterday.
Nate Hin has been set down for dis
obedience at the post.