The evening world., 1894-05-12
IVES POOL LAW STILL GOOD.
Claims the Decision of the Com
mon Pleas Only Refers to
Civil Actions.
BETTING IS NOT LOCALIZED.
But the Penalty Clause, He Con-
siders, Has Been Done Away
With by the Legislature.

Corporation Counsel Albert @. Nc
Donald. OF Brooklyn. at noon to-day
handed in his opinion to Mayor Schier-
en- regarding Judge Pryor's decision on
the Ives Pool law.
1t is in favor Of the race tracks, and
there will be no interference by the
Brooklyn police on Handicap day, and
probably rot after that time.
The opinion is In part as follows:
ATTORNEY HNp e OF NHH
Hon. Charles A. schieren, Mayor Of
Asir: After careful consideration I
not legally the duty Of the local au-
thorities to prevent. upon the race
racing associations now within the city,
the registering of ayers, pool-selling Or
other acts made penal by sections Isl
sion refers only to the limited period or
periods in each year during which and
at the established race tracks or grounds.
Commonly known as the ives Pool iawl.
races are authorized to be conducted;
and results, because at those times and
In those PLACES by tie terms Of the act
and $50 OF the Penal Cod shall not sp-
ply
me matter seems TO have come into
question because of a recent decision OF
the court OF Common Pleas of New
York City to the effect that the Ives
Pool law In one feature OF its real or
On examination OF the decision in Ques-
ton, I am of the opinion that accepts
Ing 1t for all that 1t determines 1t does
that part OF the law Which suspends or
temporarily %effaces the criminality OF
the acts made penal by the sections OF
the code above mentioned. d
The case was not n criminal prosecU-
ton, not did II touch the criminal as
pect OF the matter. 1t was a civil suit
to recover upo a promissory note, the
in a pool and n bet with a bookmaker
at n horse race. The opinion of the
Court states that the precise point for
adjudication was. whether poolselling
and bookmaking on horse races were
lotteries within the meaning OF the pro-
hibition OF section 10 or article / Of the
n lottery hereafter be authorized or
lowed within this State. Ana the
r Tefsrrsd 10 chapter Ts = , th n. Labs tss 81 s'q ISL.
In so far as 1t 'purports to authorize
pool-selling. is repugnant to the consti-
t~utional prohibition above recited, and
Pryor. in his opinion says: The sEe-
cihc crim!nality OF the transaction may
be enaced. but It remains unlawful, and
al Cpl'lI lIlpllCd leu Win II are VOlQ
by the express terms of the statute.'
Judge BiscAof in his opinion says: h
sole question presented Is. Whether In
view OF these facts payment of the note
in suit may or may not be enforced In
law
Applying these canons Of construction
TO the Ives Pool law. l am Of the opinion
that 1t was the intention OF the Legisla-
ture TO withdraw existing penal prows-
ions so far as they might apply to pool
selling at the times and places specified
II thA 80 49, A-a asN
sales The act, in my opinion, tolerated.
but did not authorize pool-selling: The
constitutional Introduction against lot
does not require the Legislature to pre-
scribe punitory redress for the conduct
Of lotteries or sale OF lottery tickets
ton. The suspension or repeal. or par;
tial repeal. therefore, OF existing penal
provisions, did not contravene any pro-
visions OF the Constitution while the sns-
pension, or repeal, and the remaining
penal provisions were generally appli-
cable to every part OF the State.
THE Ives pool law provides that races
OF an incorporated association for not
more than thirty lays sso in each Ss yeas
Code, shall not apply TO such tracks
during the number OF days during which
races are permitted; that racing and
the days Of such races. The effect,
however, OF these provisions is merely
TO remove the penal inhibition against
OF bets, as contained in Sec
tons ISL and S52 OF the Penal Code.
under certain conditions and r~estric-
tons. The act in effect declares that
the sections OF the Penal Code shall NOT
be operative where compliance with the
prescribed conditions exist, and the
The selling OF pools is obviously but one
Of the restrictions in contemplation OF
which the operation OF the Penal laws
is suspended. The result Is precisely
code referred to had originally exempted
pool-selling at the times and places mem
toned in the Ives Pool law from their
operation"