The evening world., 1894-05-07
IVES Pool BILL
KNOCKED OUT.
Judge Pryor Decides that
Betting at the Race Track
Is Unconstitutional,
MEANS MUCH TO THE TURF.
Opinion Handed Down in the Case
of Bookmaker bob" Irving
Against Britton.
APPEAL TO BE TAKEN AT ONCE.
No Interference with the Spring
Meeting at the Gravesend
Track Likely.
APPEAL TO BE TAKEN AT ONCE.

The General Term of the Court of
Common Pleas to-day rendered de-
cision declaring the Ives Pool bill. in so
far as it purports to authorize pool-sell-
ing on race tracks. unconstitutional.
The opinion is written by Judge Pryor
and is in part as follows:
THE Ives Pool bill. In so far as it pur
ports to authorize pool-selling on race
tracks, Is void for repugnancy to the
prohibition of lotteries in section 10.
article /, of the Constitution of the
State of New York"
Robert q. Irving, bookmaker.
brought an action against Joseph a.
Britton to recover on a note which had
been given by the latter for a bet on a
horse race
The action came to trial In the City
Court. where Irving secured Judgment.
1t was appealed by Britton to the Gen
eral term of City Court where the Judg-
ment was affirmed.
Britton, through his counsel. Howe &
Hummel. them appealed to the General
Term of the Court of Common Pleas
which reversed the judgment as stated
and granted Britton the costs OF the ac-
ton.
horse race is lottery within the inter
dict Of the Constitution.
"Bookmaking on a horse race Is still
Illegal, b. the provision of the Revised
Statutes, which makes unlawful all
wagers, bets or stakes on any race or
any unknown or contingent event what
ever"
The decision states further:
1.-THE decision of the learned trial
Judge upon the legality of pool-selling
appears to have been affected by the
impression that the Ives Pool bill de-
termnes it 70 be in the line of public
welfare And yet that very act de-
nounces pool-selling at any other place
or time than on a race-course and on
n race day, as a felony, and Furnishes
1t by confinement in a State prison.
How the same thing can be legal
and laudable pastime at Sheepshead
Bay on a race day and still be an in
famous offense at all other times and
at all other places, we own our in
ability to understand. The Legislature
may be criticised for inconsistency, but
is not amenable to the malediction i'm
precated upon them that call evil
good."
Leroy B. Crane, of counsel for Irving,
had rot heard Of the decision until an
Evening World' reporter told him.
Il cannot say what we will do" said
he, but l suppose the jockey clubs will
carry the case to the Court OF Appeals.
An appeal win act as stay stay aoI.raS and facng {,
given by the court of last resort
The news of the decision caused n
sensation in racing circles. o,,
At the Coney Island Jockey Club
rooms Mr. Lawrence expressed surprise
lut refused TO say what action the AS
s0Ciatiun would take.
None of the Jockey Club officials was
| at the ofiice, of that concern.
Henry Stedeker who was prOmenading
broadway, said; IT'S too bad. OF course
there Is n%hnE o to boS do ,"" h"t 6aPps
Starter Caldwell, who was at, the
Hoffman. whistled when hc heard the
report from downtown. Pete Delacry
knock out that law" said he. land
| I'm sorry to see II has been proven.
Well. we'll have to try some other
"Smllng" John Kelly, who has Just
returned from five months trip abroad,
| sad he was not surprised,
/ a friend offered to bet $1,000 to 800
with me the day ] got on the steamer,
said he. that there would be n decision
AGAINST us before the opening day at
| Brooklyn Well he would have won his
bet Pryor was on record as being OF
the opinion that the Ives law was un-
! constitutional.
1.-THE Jockey clubs Will carry t"p
case to the . ourt of Appeals ana next
| Winter l expect an effort will be made
| to have new bill passed."
Sol Lichtensten said he supposed
! there would be n lot OF persons "roast-
| ing "Bob" Irving for ever bringing a
suit and putting the bookmaking bust
ness in jeopardy
"He couldn't get twO-cent piece out
! OF that fellow IrttOn." said Sol. "and IL
was no use suing"
| Dritton was former y ANTHONY Conn
stocks subordinate. Lrtclv he was ar
! issted on a charge y. cf"rre hN a mid
wife &h claimed he cDnlrI!t'"l perjury
Dill EI IM llC QQhlM