New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-15
MOTT. THEN, CONVICT THEN.


Superintendent Byrncs is to be commended
heartily for the thorough way IN which ne Is
now enforcing the law against the poolSeilcrs.
| lie has demonstrated what we have claimed
again and again. that neither this poolroom
vice nor any other organized vice can go on IN
this city without the practical consent OF the
Police Department. He has thrown the bur
den of the revival of poolselling upon District
ATTORNEY NicOll and the courts, and he prom
Uses to keep it there. He says that II there Is
q poolroom open in this city hereafter ne Will
clos, il. and he will continue to close every one
that opens until restrained by an order OF
court. He saws he will proceed against these
rooms as disorderly places if the charge OF
gambling fails. and he concludes his statement
of his intentions with the following character
istic remarks
There have been some destinations lately that the
booksellers have been protected BY persons nich III
powcr or authority in this city, II there has been
any truth In those nsnuatlons. do not know H. bu'
now will be good time for the alleged protectors OF
the booksellers to show what they can do They cannot
| stop me unless they able to remove the from
| office.
This is frank. manly talk. Mr. ByrneS
would scarcely have expressed himself in
challenge 50 formal and deliberate had he
meant enc word less than he said. Inc re-
source, of Tammany Hall t. protect crime and
criminals are not exhausted. however, when
they have failed to block the way of the super
intcndcnt Of Police. Ii has control, or some
thing very much like it. of the Distrct-A'-
tcrnoy's cffic, of the police courts, and there
after in lessening degrees OF the Court OF Ten
cral Sessions and Oyer and Torminer. 1t VIII
be curious and interesting to observe the con-
duct Of Mr. Nco,l in delling with cases which
Mr.. Bvrncs's courage ard sense of duty have
brought or will bring before him. In Mr..
Nicon New-Yori has prosecuting officer OF
unusual intelligence, skill and energy. 1t Is
net likely that he ever neglected duty or
| failed in the performance OF II without KNOW
ing Just why Ii is not always easy 10 be-
licyc. however. that the reasons he gives arc
y f,.l statement Of them. He has explained
his failure to prosecute the booksellers by a.
setting that il is no, possible t. O5tIin against
them clear evidence TIA. the business they cJn-
duct is gambling and he has affected to find
| in their pretcncc Of doing commission busi-
ness a block over which his ability and the law
must stumble together. The people OF New
| York are n t used 10 hear from Mr.. Nicoli 50
humilating confession OF incompCcncy 1t
| is not like him to plead hcplcssnes' IN the
presence Of thin, cheap, stupid fraud like that
behind which the booksellers have taken refuge
| However if that be the only thing that has
her,,ofor stood in his way. it stands there n
longer. Mr. Byrncs has considerably removed
it. much after the plan that has been suggested
in these columns sJmc scores of times The
i 4. tbntf tn
seller, do not gamble their money, nor receive
for themselves the money they take from their
customers; but that this money is taken III
| trast by them t. be bcitcd at the tracks. they
receiving only small commission that the
record of the bet is telcgraphcd t. the tracks.
and that the bookmakeis there assume the re-
sponsibty and take the profit or loss of it..
The instant it is proved that TO such telegram
is sent. or in given cases could possibly be
sent, this prctcncc falls to the ground. Mr..
Byines has the proof and he will place il, we
doubt not, freely at Mr. Nicols disposal.
Then, in the nam, of law and dccency, let
us have an end of this nonsense about not being
able to convict the booksellers. Let us have
en- end Of shrkings. Let us know whether
gambling is a crime in Newly ork City. and if
! it is. who is the man or body CT men engaged
in the business If protecting it and OF d. feat
ing the operations of justice. Let us know
how such persons proceed what they do and
| what they get for doing it. Mr. Nicoll is the
man to bring out this situation in one aspect
O. the other. We cannot accept the statement
that the man who uncarthed the Broadway
Railroad conspiracy and secured conviction
after conviction in that suprcmely intricate
and may case must fall down before parcel
of booksellers.