The sun., 1894-05-13
PETER DE LACY WILL FIGHT
WEI TRY TO sToP Rio,Ns ar sRATEs-
END M moo or cROOK.

|
NJ. Hs. . Ce-rrsuee VIII Disuie, A,to-.
ssy Rtsrwsy sus WIN Produee Hi. Am-
snvits To-day rryius 20 show that Pooi
selitus Il = vioi.tion OF the Lottery Lew
| -torpor,,,on Cou..si McDonpi ~ Opiuion
In spite OF the opinion Of Corporation Coun-
sci Mcdonald OF Brooklyn. that the authori-
ties have no legal right to Interfere with pool
| selling on the race tracks. there may be serl-
Gus trouble at the uravesend track on Tues
day. Peter De Lacy is determined tn continue
| his hRht with the booEmakers. and last even
| ing he AMI Lawyer steiner had n long and
earnest conference with District Attorney
James W. RJgway OF Kings county.
LAWYER Steiner notified Mr.. Ridgway that
! his client was determined to compel the au-
thorities II possible TO enforce the lottery law
| and seize the betting paraphernalia o: the
book makers at the Brooklyn track on Tuesday
They had come. they said. as citizens to ask
| the assistance and advice OF the prosecuting
authorities Mr. steiner said thut Police JUS
tices Of the county had the right 10 issue war
rauts In such cases when the necessary legal
proofs and sfI,davits were laid before them.
Mr.. RIIuvay said that that propos itlon
could not be disputed. and that II the proofs
warranted Il the warrants assuredly would be
| issued.
At the close Of the conference Mr. Steiner
told Mr.. RidRwsy that he and Mr.. De Lacy
would be on hand promptly at 10 o'clock to-
morrow morning with q budget Of a0ldavita
The application for the warrants will prob
| ably be made to Justice Walsh.
Mr.. Ridgway refused last night to give any
opinion on the merits Of the controversy one
way or the other. but intimAted that Cor pora-
tion Counsel McDonald's opinion does not
entirely clear the way for smooth sailing for
| the bookmakere.
| animosity toward the Gravescnd race track.
| lie doesn't care snap OF his finger whether
| pool selling 10 a violation oil the lottery law or
not but re SSss Se .rs s% he ch.
ers In the brooklyn Jockey Club. all the trouble
This is Corporation Counsel McDonaid's
| opinion:
nsi After a careful confederation have reached the
sWtHofitis. 10 prevent. upon The race courses or
Sn mi. &. e sS sss Of n .sns
other acts male p'na b. section ~ aud 81 OF ie
period of period. !n saca year anrinE Which ANA tns
Ter ssp laws Of ISL tcominoIy Anown as he Ives
rool iHw races are au'Gor's'i 70 be GUnduetsd and
tue term. Of % ,s act ss' os ptnqas en-, r Gs css . A.. II
fhs matter ...,u. 70 have come int Question be.
P.ss Of New YORK city The rnsc, tha tnr Ives Fool
IsS no sS %aS ufns%sH tie "a
ali aus S d.,nfnines does not condemn Or parpof,
to condemn that part OF tue law which .usp.nas or
snst by III. seetisn. Sf he code allow. mentionrd.
toeeh III. er,m,ns aspect OF the matter il was e,i
:ui. 10 recover upon pI1s;ny n",e ins eS.sIsrE & ,
bookmake at uor-e race The opinion OF toe Court
ApS n: and BON" aa S:fs.
'.: Gs.It Is OF .. on ss Wien
81 .rs
II is IN n. 90 "a. ppdr W 10 n
Po9l selling rspsan.n5 The .oa.i'n,,ons con ~ MI pr9ns
Judge Pryor in his opnion says .,,
.naeed but il remains unlawful. and all contract. in:
~n aas. s:sSs s Sa h Sy . raS Srno Sm' OF the
rhs snle question pie,en ed % whether. in view Of
@ no, 3. @ .Starssa IN Hrp ns tS..s sa%oa, o. sS%
.h nj: s 90 IL. St s' % Spasn asr.1 s.;
sAi.!ins penal prG'S,.'ons 80 ia, 2. 'hsy % Nigh:
:Psssia.% S'G q, y! and .E:I'a.
] .'On .s.H. la,i:Ss. and The "a: o Is,t.ry Mss:.
rsdr.ss Tor eanduet % oitcr,.: SAT. q oi.ry
ss: rs. mats. .s':a pa
.I.tinE n. pT"y!,oH, not sSn,raysn' any
prnsion or r.pesr and the rsniAinins penal pro
u sS: TN: a 1 IN. .. Too law syHE pv e
ss M not %aoa . Of
n each year that section. s5I and So Of the renal
Of auins that
sna sns s"1 ss rses. ;ass ps day. Of Sca
hs sass asor. N. r:n., inhibited ss
IN. pubic psenI and r.cortns q bel. aSntassai
:cnaisoS. ssiHH ~ and I M s%ss
that the sections OF ne rspA Sos sa. no. be opera
sna the r,ss.ion II. lime sndS and plSs:
10. iS. sns .as Of Gui IN. "Hs Sp.r o.
sssS q tie same As II The section. o th. renal Col! re-
% s SaSs m the I've. i Poo s rom s
II thus app.ars ,ha, the decision OF the cour, of
Common Pleas 10 to the euect that contract tor
Of an n.'.,., IN poo! o. 1r est IN
eoa.sisaIioa.gy the Ives. poo Law could not
ss. not such 'I"''' .a "g' sn' S:siSa
% sna on m :Is: f .Ni % III.
transactions may he snasel leaving any bets or bar.
sai non, : ntSrciSis '''' ''''
Of The trsnssc,cn ihsi tSs polio. sa5orr. "f Ecos
iyn have % deal Ihs statute under eon'rlsratnn pro-
laws making pool selling OF bookmAkng criminal sha
o. oot a.. Spfs p. ; no; :ng
u 'Ts G. q N; .i iSf: ' Is iS.y AFGGs end
s1prs.sd sna 70 IN, .esspt IL. R1oyi.pD, r,. a.
minstos "ihsr..s nj. not Tor them 10 act asa
sTHs 70 S R". s S BY @a sh.m to BE- b. %
.hs 40. % n nj ar: t
O'hsIwiss r. Ir,PeSt :" s"f a.. Ter ~ ans.,1,on
sonssa 1Ss on
sf sP.r S Phoss. asa- sHSI IN os &
ton q Gfay ia which the OF ID. was
3. carefully and ,horousnly sOn.l.Isd,h law vhIca
have been ulAcu-elnE anu MS cohcluslOu that
o that law AuthuTTe1 lotteries tTAnsAc-
iions which were TO be TeTar'ed loIisrisI. vas
a Institutional and vOid. In concusCn he sAys:
ts also considered that chapter AID laws Of 1887
above referred to- aud counmnnlJ known tur IVss
pool Law. is constitutional valid and binding sNrspt
70 30 FAR a. b. g. pros,ion. u altsmp' 10 sEA,s
plant action and which the subject - this
fnysslIgatioh: but that In far ths statute
tsmpts 10 lesAIs such IIan-Aetians u unconsiitn.
and void bee In conn ct with article
Iioh 10. Of the Constitution az the stats."
The Aetion OF Reilly AIAnst Hray As bronght 10 re-
eGysr the sum Of SIlsO PAID By the niAntf 60 me
dsfssdaRt the lsi OF August 1856: Tor a lhIsresi In
Preach and suction punls. strrallei. which he
chased on mat day on the grounds Of the Saratoga
EAclnz Assoc when anu where certain
III speed Of hoTses were being cnndIciei
eOTdAhes wAA eAlmsd with the provisions OF chap
ter 41S Of the laws Of 1881.
II w thus be srsu that While the dseision ~ Justice
AcIsnnAE condemns tho law ia 40 far ~ con.
sidsrs H PuTpprts % lsgAiHe and make snioFclbls
. civil contract basel consideration of
prOl ssnIug the uGs. he c1nAIi-rs that N
al other Asbscis the law consuiuiioEGi
and valid It thus ApnsaTs ihAl no would
tue part % tLs act whch We are nov CONSIDER
Ing which relates - the CTmtnAllty uontrTstut-
nAty Of the acts referred 10 and We suspend. nr
Temporarily IN Grim nai chHsaesF OF Is acgs
AL and luI