New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-12
FELLOWS on THE GRAY LAW.
ADVISES POLICE COMMISSIONERS NOT TO
INTERFERE WITH RACING.
COURTS DIFFER IN CONSTRUCTION OF THE
STATUTE lie SAYS AND TIE LAW SHOULD
BE INTERPRETED AS THE LEGrsLAT-
IRE HAS DECLARED 1T

lKE HAS DECLARED II.
The following letter from District-Attorney Eel
lows 20 Police Commissioner Parker vas made puD-
lac last night. The letter is dated october S.
| assume from our conversation OF day two
that you Will consult the Counsel TO the Cor
pJratiOn respecting the cOnstuticnality Of the act
passed by the last Legislature. known as the Gray
Percy bIi. Chapter 80 Of the Laws OF l&3. ana /
shall, therefore. express no opinion upon that sub
Agreeable to the suggestions OF that conversation,
however l herewith submit in very informal way
my views TO the duty OF the authorities with re-
spect to and prosecution OF persons who MAJ
engage the character OF racing authorized by that
The Constitution Of the State OF New-York de-
Ga1 Nor shall any lottery or the sale OF lottery
tickets pool-selling book making any other kind
OF rambling hereafter be authorized or allowed
90 The Legislature shall pass appropriate laws
TO prevent offences against any OF the provisions OF
In pursuance OF this provision Of the Constitution
the last legsaure pSs5eI 1ne aC C apoTs cgs
certain methods Of racing Judge Bischon, in the
Of Dudley gsiHst the Flushihg JOCKEY Ciub de-
clared this act to te in violation Of the consutionai
said act was gambling and th0t il was not in the
10 ca. your attention 10 the case OF Harris against
White in the slst New-York and especially to the
concluding portion OF tho opinion in that case and
the authorities therein cited also las 10 the pTnci
pie involved TO Reilly against Gray IN the I.thl
hunand in that case would ask Your care 1b
perusal Of the opinion OF me Court resPsi;is M ne
Judge Gaynor's II habeas corpus proceeding be
OF the question We are now discussing but do not
remember It's title and cannot at present ind H.
| think VIII be satisfied from p"TuSa4 OF the
authorities that other Judges lave not heid as mas
Judge Bischo that the partisular form OF racing Ing
permitted by the liray-Percy bill comes Wlthin, ue
provision agains; lotteries or gambling II VIII pc
statutory penalties denounced agalnst lotteries or
gambling they were as much offences prior 10 the
abortion OF the present Constitution as they could
be now and therefore the construction given by
courts the old statute is pertinent In this inquiry
Where a conflict exists between courts y
seems 20 me that the only safe course is 10 uphc!
the legislative Geclamton until the ultimate tribunal
has finally settled the question or constitution thi!
But again you Will observe the provision or the
Constitution Is not sef-eXecutOry. II does NOt
CLASSIFY or define the prohibited acts feion.es or
these questions absolutely within inc control OF me
legislative power. Clearly any registered bets. pool
selling open wagers Of money or ANYTHING OF that
kind are criminal offences without any reference -
inc CirayPercy Bill. That act is spcc.nc "a To ne
particular thing allowed and charac'erzes all other
M hois Of racing upon which m0ne' depends as
for enforcing this section OF the cons ltu,loh 50
FAR as sweepstake racing is concerned is that CON
faineI IN the bill in question. II that act - uncoh-
stiiuiiOnal there IS no low which wouli punish ma
character OF racing since the authorities seem
abundant that II not offence before the
ADOPTION Of the Constitution: and II the act IS
legislature clearly this particular kind - racing
js legaiized Il to you would be- worse
imam idle interfere with the meet NJ ana pel-
fOrmanc-s Of racing associations conuuclel Withi.
Inc limitations Of the Gray-Percy bill Certainly. II
would be great hardship to harass by arrest
men Of repute and character and break up Dus.-
ness sanctioned by legislative act If after arrest ~
was impossb bic to find any law under wnicn they
could be punished. Where courts cNer as 20 me
c0ustitutionality of act Of the Legs.atnre. eN-
ecutive and administrative AUTHORITY may WI Per
Joc'ared II until the constitutional question = SCI
tied by that whose adjudication Is final