New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-27
SCOTT ON THE RACING LAW
HE ADVISES THE POLICE COMMISSIONERS
NOT TO INTERFERE.

INSPECTOR MCTIL.AGH ORDERED NOT TO Ar
REST ANY OF THE OFFICIALS AT MORRIS
PARK UNLESS WARRANTS WERE
GIVEN nIM-MR. BELMONT AND
THE POLICE COMMISSIONERS.
The Police Commissioners had made arrangements
for the arrest OF more officials al the Morris farH
racetrack yesterday. AMI had detailed lars- mum
Der OF men to go the track in plain clothes am
act under the orders OF Acting Inspector Mccul-
lagh when a decision was received from corpora
lion Counsel Scott which caused change OF orders
Mr. SCOTS opinion addressed to Acting Chiei Oo"-
In was as follows. II is dated october -
have been visited by Inspector McCul.agn' VINO
to mo at your requeAi 10 ask aiNire ~ me
what should be pursued by the oicsrs ~ , g
horse-racing At Morris Park which - arrange, .oi
tomorrow. october 20 some time since lhr hg 81.
would be in the premises IN case II was attenPb,e n
to hold meeting at Morris PARK at wn aia
horses would contest for prizes IN the class OF cr
commonly known sweepstakes. tneh adViSs,s
the Board % Police thai that plrcuar i' h an
passed by the Legislature Of lSSS ana 1a1' by
wa5 % mat I SAID act was volatve Of the Consu
ton OF this State. and that IN case OF doup' IN ~.
validity and constltuionaity Of the legislative act
| therefore advised the Board Of Police tndt II
made without warrant ior the doing OF any act
permitted to be done by the statute ABOVE relefIeu
Subsequently,. az am advised warrant %a'
issued for the president Of the association intehlng
to hold said race-neetng, AMI the QUESTION ",,t
had been previously submitted 70 me- was Drought
before Mr. Justice Ingraham upon VIII o, Its
corpus and the justice ned in enect that Sne 49, ~
which IT alleged were about to De suiereb 5ic On
done by the defendant ana the % - tbat M
ne was president not unla Wiul. anu lhat ~
cause had existed FOR the issue OF the warrant h
racing 70 proceed. Being vigant see that no one
OF the provisions OF the Pena. Que %, y, t,,ola
statutes of 1885 was violated, following every Sloa
lion OF either OF said acts by the arrest OF 'he
offending party.
THE WARRANTS OF OCTOBER a.
On October "a other warrants issued oy Cay
Magistrate OF this city were received by the inc.
Of Police regarding the arrest OF said presi'e"' ~
the said association, and of certain other
engaged or interested in said meeting Inc salu
warrants were duly executed. the persons tnere.n
named were arrested and brought DeioIe III ~ bir,
trate VINO issued the warrants ana were py mn
III for ex,mnation; no examination, however
Yo asked to be advised whether not the issue
NJ these warrants or any other crcunst ahGs Una,
may have arisen necessitates any 9'1eL ILL.,, and on
GERS Of the Police Department than that when Was wa,
| taken By them under my opinion anu ''e u'O
In reply have to advise you tina. IN my opinion
the situation Of affairs has IN no VS. been ss,led
by the fact that certain warrants nav 49, 90 far
for the arrest OF the persons named apo DsDart
as these warrants are s Grv in arrestng the
defendants named therein and prnsans ~, ,. &C. not
an Adjudication either to the facts IN me charge
or as 10 the law applicable TO the saiu - ony
the deGstGn o. 3s;on directly in point still remains
and mus, be accepted as the dec'"'a''o" u Il"
You are not therefore required in my opinion 70
make any furthe. arrests Tor any acSs 9 me-
resfarred to- unless other warrants should De ssued
| by competent authority ana pla0su ~ S
| for execution.
THE ORDERS TO MCULLAGH.
.,.o, tho o,irion Of the Corpora Con Counsel was
read by the Police Commissioners, Inspector NC
Curaeh was sent with his men to the racetracK
with orders not 10 arrest any OF the officials on the
track or interfere with the racing In any manner
unless warrants were placed IN his hands for ser
vire II was not known IL the lawyers representing
p,s,- ne Tacv had applied 70 any City Magistrate
for additional warrants. The Comms % , az
h s1v the PSGe f feSif De Lacy and
officials but must serve WARNS e. - vioiafions of
the law against gambling II such Flo'a'''"' WIZ
Angus, Belmont and ". C. Percy; author OF ,1 ie
Perc9-Ciray Racing BILL and counsel for the STATE
Racing Commission. had two-hours co sllrr,D
r,i,h The Police Commissioners yesterday AFTERNOON
Mr. Belmont laid before the CommissoneTs a.. T ne
facts connected tbo Worrs PARK racing He said he
vas DESTROYS Of having the racing coniuctsd non
esy and within the provisions s oa , and ice IN
grahams decision that racing Tor purses wal 70
ana he'd that there should be no iur'hei po''e ~
reference.
MP pr,rNfON1, AND THE COMMISSIONERS.
Tho Comm,ssioners went over the whole racing
business with Mr. Belmont from the passing Of the
percv-Grav BILL legallzng races for purses, up 70
the ates, opinion OF Corporation Counsel scott al
vising the police not 10 make arrests except on
warrants The Commissioners took the position
that the police must enforce the law az tAe IaW
stood and we're also bound TO act under the Cor
poration Coinsel's decision. They concluded, now
aver that there could be certain Violations OF "a"
an the racetrack for which the police could MAKE ar
| rests Booknaking. poolselng and other forms OF
Gambling were alluded to- They inquired as 70 tlr
3ut,es OF the various racing officials and when me
conference was ended Mr.. Belmont dictated 70 a
stenoCrapher a statement showing what the dutles
~ Judges and stewards a racetracAs are: IL WIs
IN arsfood that the Commissioners would look lnIo
The subject carefully see how Ear the racing ON
clos are liable for any Violations at the racetrack
Mr. belmont evidently wanted 10 secure promise
/ Ina. no more "a ling officials would be arrested
neniiua a decision OF the cases IN court, Dut tl!S
! The commissioners would not give.
Alter Mr. Belmont went away Comm ssioner
Roosevelt said that there had been some tax over
racing matters bat that nothing had been decided
re NO; ice - he said will no. swerve from their
aufv The Board has nothing 10 do with the chir
acter OF the persons n this or any other cases "
shall continue to enforce the law as II stands, ana
n warrants are handed TO Us for execution We shd
execute them.
AN ACCUSED BOOKMAKER ARRAlGNED.
Josenh Morris. OF No. l76 Eas; Eighty -eighth-st.
! the hoolu,aker who was arrested az Morris Park
| on Tuesday afternoon charged with violation OF