Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-12-17
WILL NOT STOP RACING.
Eject of the New Constitutional
Amendment in New York.

An attempt has been made by some rae
ing men to discredit the constitutional
amendment against race track gambling
recently adopted in New York by declar-
ing that 1t would stop racing. 1t was
claimed that the Offering of a sweepstakes
constitutes a lottery. A sweepstakes is
a race, to which owners contribute por-
ton Or all of the money to be raced for.
Elihu Root, one of the most prominent and
most active members of the constitutional
convention, stated to New York Herald
reporter that he did not think a sweep
stakes could be construed as lottery.
Il am not very familiar with racing mat
ters, said MIR. Root. but l do not believe
the effect of the amendment VIII to pre-
vent the offering of sweepstakes, any more
than il would prevent the Offering of prize
competitions in colleges
Asked to whether he thought it was.
the intention of the convention to prohibit
racing. Mr.. Root said: Il do not think the
convention had the least idea of prohibit
ing racing. The amendment was passed
simply to prevent the gambling that was
being carried on in various parts OF the
state under the guise of racing one OF its
most active supporters was Fred storms
of Bay Shore, l.. L., who urged its adoption
on behalf of his Flushing constituents.
Mr.. Storms described to the convention the
gambling that was carried on in the Vicln-
ty of Flushing last summer in the name
of a jockey club, and under the protection
of the Ives law, and stated that the people
of Flushing were bitterly opposed to racing
of that sort / think that to MIR. storms
more than any other individual member
of the convention, the adoption Oh tine
amendment was due.
las to the effect of the amendment upon
betting, without having gone into the mat
ter deeply ii seems to me that 1t VIII re-
peal the Ives bill and bring into force the
old penal code. 1t evidently the inten-
ton OF the convention that the legislature
shorlC pass new law bearing upon the
subject. Personally, / think the legislature
ought TO act in order to set at rest what
ever doubts nay exist.
, 1t will be recalled that this question as
to whether a sweepstakes is a lottery came
up last spring in the case of the people
against +. J. Dwycr. Mr.. Dwyer was ac-
cused by Peter DE Lacy of being the pro
prietor of u lottery. The case was tried in
the common pleas court before Judge
against Mr.. Dryer, and handed down an
opinion, in which he maintained that a
sweepstakes is lottery. This decision was
overruled by Justice Gaynor in the su-
preme court, Brooklyn.
One result of the racing situation will be
an attempted revival of steeplechasing on
amateur lines next season. At a recent
meeting the Ste eplechaSe, Hunt and Pony
Race Association decided to discontinue its
jurisdiction over professional steeplechas-
ing end confine its efforts purely to the
amateur branch of the sport. The associa-
ton now numbers among its members the
Country Club of Brookline, Mass: the
Country Club and Radnor Hunt of Phila-
delphia, the Elkridge Hunt of Baltimore
the Chevy Chase Club of Washington and
the Hampstead Farm Association. There
was a split in the s, II. and =. r. A last
fall some of the members forming a new
asSOci& ton. This latter organization will,
II Is said, control professional steeplechas