New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-15

MANpAMUs PROCEEDINGS
TO COMPEL ARRESTS
- ., last there is not likely to be OF
ro' ..r.srence with the races at MOTIFS rark'
nc'a. nes,n to-day. This follows from decision
"n" nv Judge Ingraham yesterday morning IN
give. of over and Terminer. In the criminal
Courts bu'ui,s s..,s,o, was given in a test
JUGS Ssd saturday. Colonel S. h. Lawrence
'.,dsnt OF the Westchester Racing Assoc'a''oi
pf-ssr,ted 10 arrest on the charge OF advertis-
hao '.' ...-,, namely. the Manhattan Handicap.
ms 80 IN be run at Morris Park to-day. and
"eep',,~ q nuisance Colonel Lawrence was
n~ ,"s IN the custody of his counsel. j. 5. Auer-
A writ OF habeas corpus was applied FOR and
@'" nv Judge Ingraham. The writ was made re-
s~.ble Yesterday morning
'e courtroom was filled with men interested In
S,,come Elihu Root and j. s. Auerbach repre-
"a Mr. Lawrence and were opposed by Ben
sem s,s,nhardt of the firm of Howe & Humme
.ss Anti-Racing Association Assistant Dis
io' ,,,orney Mcintyre represented the people.
" .r0,ments were not long. but were spicy.
- poo, declared that Peter De Lacy notorious
M" ,..rsr and gambler" was "the opposition" and
~ not come into court with clean hands
- s,s,nhardt answered that ex-Judge Noah
=. vho was associated with him in the case.
.r.ssnted several we,l-known residents who were
.r.bt the matter before the police. warning
49,, INA, the Const tuition about TO be violated
90, u. Lacy" he declared. lis adtudged
~.rblsr fo- carrying business outside the track
70, these men seek 10 do at the track
THE DECISION.
THE only thing I have TO decide" said Judge
,rr.ban, 'is whether there is any law making
49,. ,ronosed race a crime. and whether the de-
,.,aant is about 10 violate the law
on tho ease OF Harris against White, said he
81. ,ras distinctly decided that 1t was not crime
- hang I'D a purse and let horses race for IT, l
h.,sve that this complaint shows no violation OF
the law OF the State and that no crime mas peeh
ou,,,,,ed The Constitution in Itself does not
-, -,cng crime There is nothing to show that
q illegal 10 have a contest OF speed between
sorses / know OF no law or act that makes II
np5e not the advertising Of premiums show that
,bev are simply bets made upon horses' asAeu MI
Tenn N thing that can see. replied the Judge
&c m me association has offered purses There
nothing TO show that these TWO men in tSs com
plain; 20 not constitute crime and can ans see sn ~
violation in he Ia" as the GaSg There is no
constitutional question involved. ana shaH not a..
temp, pass upon the consutuuoh,as % and vii
accordingly discharge the prisoner No,o-o tho
In the afternoon Mr. Stenhardt went De,O[e re
Do 100 commissioners and made long argument 70
NV maj facing was Legal He berated hicharq
Croker and NJ F Dwyer and ntimated tnat c9iolie,
t-aiiaara rad formerly said that Judge Bscnor was
-,ybt in declaring sweepstakes lotteries and me
ps-ry-;rav bill unconstitutional. though now au
.sog 10 acfior until decision be gained from a
hSbsr Court he concluded by saying that II Acting
cbies Coniin took action &c prevent races ne
would apply for a mandamus to compei MN u uo
commissioner Parker ended matters oy saying
,ha, nothirg would be done at present A.,
NJ steinhardt says the Anti-Racing Assoclati99h
vi 40 lis best TO prevent racing at Morris faIh
a nandamus TO compe, the Acting Chief 10 MAKE
arrssts would bring the matter into court again
protest signed by many weE-known peopie was
-ecsrfraS nv Commissioner Roosevelt yesterday De
caring the proposed racing TO be a lottery ana
hence contrary 70 the Constitution, and ealing upon
re authorities 10 enforce the law as expoundeo Oy
Judge Bisch0f