Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-07
LATE NEWS BY WIRE,
Ives Pool Bill of New York Declared
Void.
BOOKMAKING ILLEGAL In THAT STATE
A Lottery Within the Interdict Of
the Constitution.
AN IMPORTANT DECISION

NEW YORK, May THE general term
OF the court of common pleas today handed
down a decision that the Ives pool bill, in
50 iar as II purports to authorize pool SELL
ing at horse race, is void. because Of re
pugnancy to the prohibition of lotteries in
article 1. section 10, of the constitution Of
the state Of New York" The decision holds
that pool on a horse race is a lottery
WITHIN the interdict of the constitution, and
that bookmaking on a horse race Is still
lhesal by the provisions of thei revised
statutes, which make unlawful all wagers,
oets or stakes on any race or any unknown
or contingent event whatever
me case came before Judges DAILY,
DisehoH and Pryor in the general term on
appeal from the city court. II was an
action brought by Robert G. Irving against
Joseph A. Britton to recover on a note
gwen 1or an interest in a pool and for a
pct with bookmaker at a horse race.
Judgment below was given for the plaintiff.
and the defendant appealed
Inc 1acts In the case were agreed on by
Dotn parties, and the question presented
| to the courts by the coun sci in the case
WAS whether the Ives pool law passed in
1891. which legalizes pool selling, is a valid
enactment.
Judges Pryor and Bischofr wrote the
opinions for reversal. Those who have
watched the course OF turf legislation viii
Eot De surprised at today's decision The
Coney Island Jockey Club invited destruc-
uon Wnen 1t went into court in the case
of the horse Huron. owend by e. CorriTan.
wnom they sought to stop from starring
IN the futurtty. At that time the Coney
s tsland Jockey Club asked the courts to
The court did SO. and the decision served
the temporary purpose Of the club
But the Ives pool bill granted exclusive
rights to race tracks to have pool selling
and oookmaking within their Enclosures
whlie 1t was felony to conduct such q
business In any other place. This was un-
constitutional, and now that the question
has been brought up before the common
pleas the decisions expected by those who
know the law has been handed down.
While an appeal will be taken at once
and the race tracks will be able to con-
tinue in operation for the present season at
least, 1t Is probable that the legislature will
have to be appealed to again by the race
tracks for relief. ......
Effect on Racing. -..
John NJ. Bowers, counsel of the Coney
Island Jockey Club. said that the decision
could have no effect on the racing as no
one connected with the turf ever supposed
that the law could be held to cover suits to
collec. bets, even although Judge Daniels
IN the supreme court had already decided
that such was the case. He said that in
any event the supreme court decision would
of common pleas. All that the Ives pool
Dill presumed to do was to suspend the ac-
ton OF certain sections of the penal code on
race tracks at certain times OF the year, az
II was case OF the legislature repeating
enc of its own acts
The Jaw did not presume to say that bet
til.g was legal, but 1t simply declared that
between May Is and October Is ON race
tracks 1t was not criminal. In that respect
1t did not conflict with the constitution
which provides no penalty for betting, rest
Ing content with the declaration that it In
illegal
Mr.. Bowers further said that the racing
would go on the same as usual this year
under the pool bill. and that IL any action
was taken 1t would have to come from the
police, and they would scarcely care to
make any arrests with the only hope for
their success resting on the decision of the
court OF common pleas. 1t was well known
mat bets could not be enforced, and the
only protection betters at the tracks had
vas the knowledge that the men who took
their money were responsible and would
pay If they lost.