The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-11-22
cor TO pAY sUcu BETs iF roy LOSE
The Gambling Ae, Cast ne Pleaded for the
Onrn sen.nn at the Rncr Trncks.

| The Gambling Act Can't re Pleaded for the
| Open season at the Race Tracks.
Judge Fitzsimons filed written decision
yesterday In the suit Of Robert G. irving. the
bookmaker against Joseph A. Dritton. Irving
sued TO recover tho value Of a note made by
Britton on Feb. .. 1891. The note was for
1896. and was one OF three amounting IN all
TO $1,000. given TO Irving by Britton at the
same date. but maturing at different dates
The notes were TO replace n check for $1,000
drawn by Britton to IrvinR's order. but not
cashed because the bank had not enough OF
Br!tton's money to meet Il. IL was admitted
on the trial that Brltton's debt was on bet
made at 1rvinRs stand at Morris Park race
track.
The defence was that the debt was not valid
because 10 was a gambling debt. The contsn-
tion Of the plaintiff was that betting on the
races at the race tracks. having been leRalized.
any debt growing out OF such betting must
Judge FItzsimons upheld the plaintiffs view
and gave Judgment for the note, sued upon.
extra allowance. He said In part:
Horss racing has never been condemned BY any Jaw
g & an and p SCI a ssRRS c c:S f
81 ,n s. form sf' ssS s from v
properly exercised by the Legislature A. part Of Its
sssnlnry in 1887 II deemed It sSg.disnt to permit.
fsens certain times. III. VS.. $50 IN
the line of public welfare Tie Legislature had the
right to M the place and the pedJd at and during
which such gaming could be carried The fact that
II forbade pool selling at all other places was something
toned. and rs enactments repealed En legislation in
consistent with that,
As to the claim that pool selling upon horse racing IL
lottery amt prohibited by the UonsttutiOn have TO
say inst careful review Of the gaming Jaws Of this
state satisfies that pool selling upon horse facing
and lotteries are not even Ike another and legsa
ton concerning these two subjects Il never confused
terninsird never has it been intinnted by any
hct o. tbs Legislature that horse racing regarded
o lottery
Inc Ives Pool law was enacted to conserve the rub-
Ito welfare. AMI is within the police au'h0ritY
OF the legislature u evidently recognized the
determination OF many persons to wager upon
10 permitted to I've done everywhere, would have per.
hapS an evil tendency. a. matter Of public policy
aud public welfare t regulated and controlled suoh
dUlngs more RdvantageOusiy and satisfactorily by con
inning their operations to certain places and during
certain periods
OF the Legislature and the rght TO enact proper egs
was not invaded by doing because the Legislature
has the right to say that certain socaled rights And
liberties detrimental to the public interests aud
such cases its duty is to provide proper safeguards
The Judge adds that he Ia convinced that
the law is constitutional Hrittons counsel.
lawyer Hummel. said ho would appeal from
the decision.
The Brltton who lost the bet gave the check
that was not paid. and gave the notes that he
sought to be relieved Of paying H. the Britton
OF The New York Society for the Enforce
ment OF the Criminal Law" whatever thatis