The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-05-10
THE OOL-SELLTNG PROBLEM.
~ TEE PRoBIsI1IYE ACT or 1877
AGAIN. IN F0RCES

Lsr,i sharp. ssy thu. The Ives Poet Lsv
II 1ts Partial Repeal sf ssetisss ef ths
Fs-si Code Restores the Oia Law.
The opinion Of Judge Pryor Of the Court OF
Common Pleas as TO the constitution ality Of
the Ives Pool Law and the possible effect the
opinion might have on the coming racing sea-
son have been fruitful themes for discussion
not only with horsemen but with that numer-
Gus class Of lovers OF sport who are am one the
freQuenters Of the tracks. The lawyers. too.
have been delving deep in their books. and.
although they do not all agree with Judge
Pryor. some have managed to work out q con-
dltlon Of things which would be quite - de-
structive to the bookmakers' interests as the
thu Judges decision OF nstitutionslity Of
the law. That is. Of course. providing the po-
lice authorities should choose to act on the
sumption that these LAWYERS are right and
some eminent authorities insist that they are
This IL the state OF the law as II exists on the
statute books to-day. according to these legal
lights:
Chapter 179 OF the Laws Of 1877 tthe old
anti poolselling and anti book making sctl IL
still In force so far as race tracks are con-
eernsd during the season prescribed By the
Ives Pool law, and bookmakers. their as
sistsnts. and the track owners can be prose-
euted for misdsmeanor lust as though that act
had never been repealed By the Penal Code
which went into effect In December. 1882.
The act Of 1877 referred to reads as follows:
90 sc weS N :. Keep oG% 5 81 or
any PIses upon public OF private xreands anywhere
nan. tcE u. psipG;: q s:soidiss g S:s;
record OF register bel. OF vsssrs o. sell poois upon
,h. rs,9i. q any trial or eohis., Of .inL sP..d
suit OF any political nomination appointmen or sse
such room baidnI: OF p.it or portion tn.feof snail
rPos tsr. or T nan % tS.s. .Ss
exhibit .mpoy any dsvies or apparatus for the
g 81. selling % :ash goo. oT .ss s'scm. N. Gus
property or thing Of vain. stsf.d -ss.rsd or pledged.
as .5sd upon any ;1en 5T.s .usS P.,Sn shall
CONVECTION De pSnl,n.d BY Pt.onm,nt in me eOan'
essdnv $4,000 By both such nns and mprisonm
The Penal Code covered the subject OF book
m sking. pool selling. and horse racing In Sec
pesled all acts OF. parts Of acts incon sistent
with the code. with a few exceptions specified.
peaisd in this omnibus clause. but It is con
tended that 1t has been revived. and that the
fsviyitying spark was supplied By the Ives
In the fourth section of the Ives law It is
The prov,ous Of section, s5i and $50 Of tn. Penal
moi .Bpy 80 tss % su ss. sssn
shieS Ii. !.d race. are S.rs0y .uss
S.a and n 81 PSs ;as IN mi 5s ssy o. Nav sna
me Sh d.I % Ts.ose, u, each year ana q. Do1.s
tsfs place and on the day, the take place
It is here that the little Joker comes 10, these
erudite legal scholars say. II is well-knowp
rule for the Interpretation OF statutes. recog-
nized by the hest authorities. that an act re-
pealing an act which By a general repeating
act renders ineffective former statute gives
the first statute new life. unless in the former
repeating act the first Is specifically repealed.
II is contended that the Ives Pool law re-
pesls the Penal Code so far As It prohibits pool
sellirg and horse racing on race tracks during
q prescribed season; that IL does not spectn.
caily repeal the pool selling act OF 1877. and
consequently that act Is In full force and effect
so far as the race tracks are concerned during
the racing season. and that Il Is the duty OF
the police authorities to enforce the law By tho
arrest OF every book maker who plies his pro-
fession on the tracks.
Such reAnements Of Law are not for the
ordinary police official to understand. how
ever and IL Is not believed that this involved
question will be tested this year at least.
Mayor Schieren OF Brooklyn N ade this state
ment yesterday in reference to Judge PryoPs
decision regarding the Ives Pool bill:
Il have asked Corporation Counsel McDon-
aid to give me an opinion on the question to-
morrow, so that We can inform the Brooklyn
Jockey Club In time as to the policy the adj
ministratiop intends to pursue, On general
principles. am opposed to pool selling. a.
think il II demorallzinR- i have. however.
never visited q race track. and. OF course. am
unable TO Judge how pool selling Is conducted
thara"