The evening world., 1894-05-09
~ U ~
SCH|EREN
ASKS ASKS ADVICE.
Calls for an Opinion as to
the ConStitutionality Of
the Ives Law.
TOMORROW He WILL GET II.
Then He Will Inform the Brook
lyn Jockey Club How He
Intends to Act
OFFICIALS MAY BE ARRESTED.
De Lacy's Lawyers Say They viii
Prosecute Even II the Irving /.
Case Is Appealed. \.
TO- MORROW He WILL GET II.
OFFICIALS MAY BE ARRESTED.

Mayor Schieren. OF Brooklyn, to-day re-
quested Corporation Counsel Mcdonald
to furnish him nm opinion tomorrow.
on the Ives Pool bill, 30 that he mayt
Inform the Brooklyn Jockey Club Of the
course hat will be pursued by the adj
ministratior.
Whatever may be the line Of action
chosen by the racing associations in re-
gard to the decision of tine General Term
of the Court OF Common Pleas, 1t seems
reasonably certain that there will be no
attempt made by the authorities to ar
rest track officials or hookmakers at
Graveserd on Brooklyn Handicap day.
Three courses have been suggested for
the racing officials to follow: l. Appeal
from the decision ci the General Term;
2 Get an injunction restraining the po-
lice from interfering. and, .. Stand on
on the opinion of John VI. Bowers. that
the constitutlonality of the Ives bill. as
applied to bookmaking, IL not involved In
the decision.
In regard to proposition No. !. Howe d
Hummel. the lawyers for De Lacy and
Britton, contend that the taking OF an
appeal will not estop the police from
acting on the decision OF Judge Pryor.
and the threat is made that, regardless
OF an appeal, arrests will be made. and
officers of the racing associations ana
the bookniakers will be prosecuted.
Proposition No. 2 a appears absurd when
calmly examined. With the General
Term of the Court of ommon Pleas on
record as having declared the Ives FOOL
law unconstitutional. 1t would appea
that u judge who would issue an munro
ton restraining the police from Interior
Ing would stultify himself. II the de-.
.IatAp ~ tha nAnArnl TArn1 Ia 0nnd law
1t is a felony to make book" or sell
pools. The Judge who would issue an
Injunction would therefore stand
order the police not to interfere with .
burglar in the pursuit of plumber.
Proposition No. 3 is moi, viewed with
OF the fact that 1t comes from the racing
associations counsel. as 1t will certainly
spur De Lacy into forcing the Brooklyn
city officials into making arrests. The
correctness OF Mr.. Bowers's contention
will have to be decided by the courts
before the race track men can expect
munity from arrest II they depend on hts
| opinion to protect them.
Taking ali in all the race tracks seem
to be between the devil and the deep
sea. They cannot get to the Court %
Bookmaker Irving to appeal the Irving
Britton case. and no matter which way
they turn they are confronted Win
s s,an aS d1iHSalti ,se n Most ap apsaact RlrsD'l I,
l Nloil allNut h"N
there II eminent authority for the state
ment that an appeal will stay all acuqn
by the city or county authorities. MI.
Hummel to the contrary n~otwithstand-
Ing.
As the case now stands, the race
track officials will have clear sailing on
Handicap day, but thereafter II VIII be
nothing but turmoil. interference. ar
rests snd general dismay.
Leroy B.. Crane, counsel for Irving.
said to-day that no move a been
made by the Jockey clubs to have the
Irving case appealed.
A. II. Hummel, counsel for De Lacy,
Ia having the decision of the General
Term printed and will send II to every
District-Attorney and Sheriff in tho
State. He will ask them TO see that
the law is not violated. '
should the jockey clubs take the,
Irving case TO the Court OF Appeals. u
said Mr.. Humnel. that will make n2
difference. for, pending the decision q
to the constitutionality OF the Ives law
to the constituionality of the Ives law1
all betting at the tracks must be pro-
hibited."
who will you proceed againstf"
cial from the President down. We have
nn desire to make war upon a lot &
poor pencillers who are trying to maxi
, d living We will aim at the big Fellows,
and wher they are brought Into court
and made to suffer for their violation
they will soon put a stop 90 pool-seiiinE.
The law is very clear, and 1t Will be I'M
possible for the lie men to evade L.