New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-18
rur pERCY-GRAY LAW VALID.
ovsr1rryrIONALITY SUSTAINED BY
10 THE APPELLATE DIVISION.
,xcRAHAMs DECISION IN THE NATTER
SAMUEL b. LAWRENCE AND JOSEPH
e., srr-Rcrs AFFIRMED-RACING IN
rrpEsrs PROTECTED.

.xu,r1, b. LAWRENCE AND JOSEPH
. sr,,pcrs ArFIRMED-RACING IN
rEREsrs PROTECTED
: Nh. constitutionality OF the Percy-uray raons
been sustained by the Appellate D''so'
"a" ~ sunreme Court The decision. empod'eu IN
o. .,,n,ons written by Justice Rumsey. the otie'
'"'.,css concurring. was handed down !eS''.ea'
!u, =, the opinions OF the justices cover three
BOZ" Va eusta.n the action OF Justice 1ngraham'
CASE December @ 1896. in habeas corpus proceed
wno s.chareed from custody Samuel B. Lawrence
'e ,so,, Of the Westchester Racing Assoo'a"oi''
- Yosenh sturgs. a bookmaker' arres'eu w
-" ..rg a race meet at the Morris farh ''a'" y"
october a. lSso' e..uo,s we're arrested
president Lawrence and MT. o'uis' ~, ,,ec
u.s.. comnaint Of George r. Heney' OF NO i,o'
on '"o :. prook,vn and j. A. Guerin, to test the
f..,,r,,onallty of the law. City Magls'"'e Ian.
'.usd warrant from the Jefferson Mafhe' -
So,d the accused men for trial at General oes-
-. They were taken to the iomlS anu u,'
sS.rvsa under habeas corpus proceeu'nss' "o
..s, came before the Appellate Division IN the
ma'e' ,n.o,s nv the People against the de-
ioi" =, Iustice Incraham. There were TWO cases
e,.. Mr. Lawrence, and one against MT. Sturs'e'
.pGED WITH Confirming LOTTERY.
~. penev.s complaint President Lawrence was
- With contriving "a certain lottery, 10 VIII:
y csrta,n scheme for the Distribution Oh property
= .hance-a scheme commonly called rdcehorse'
., the said scheme consisted OF and was deslg-
s.,.d the Withers Stakes and was scheme py
A,.h any owner Of q horse three years old foas OF
,s, co,ld have chance in said Distribution pro-
,d,ne the said persons would contribute $loo 10 said
stake" etc.
AGAINST Mr. Sturgis Policeman Guerin's complaint
ia. Joseph Sturgis did unawfully and feloni-
ou.v engage in poolselling and did unawfully &C.
INV and use a certain place upon the private
tho Stat ~
ynrk 10 wit: The racetrack and grounds OF the
manchester Racing Association. with books. ap-
raratus and paraphernalia for the purpose OF regis
,.rinr and recording bets and wagers on certain
Trials and contests Of SKILL speed and power OF en-
Aurance OF certain horses thereafter to take place
that said Sturgis also had In his possession certain
apok commonly known as a bookmaker's sheet and
sh. he did on October "a, 1885, engage In the busi-
ness Of bookmaking
The text Of the opinion In the Lawrence matter
n In part follows:
The reator was arrested on three separate ar te
the Penal Code the second. OF the violation OF
Section s5l. and the third. Of the violation Of Sec
fore the Magistrate upon the charge against MIN,
be waived and was mr. Tsnd 70 lure
upon the prresentment Tor the crime OF "h'ch ne
4. then sued out this writ of habeas corpus;
claiming that. upon the facts as they existed and
they conceded TO be IN the case ne me- was St ho
Sabess corpus. writ Of certiorari granted, and
az which n.r the to e
Of oyer and Terminer by the committing magis-
rats and s deser res Sm this
appeal is taken
HOLDING A PUBLIC RACE MEETING
The facts which are alleged to constitute the crime
BY virtue Of which the reator was arrested are not
in dispute They are. substantially. that the relator
and others officers Of an association eaiied tne
ceded is organized pursuant to the provisions ,S OF
Chapter go Of the Laws Of 1895 1t Is stated IN sne
these officials had announced the;r intention ana that
Of ne association to hold pubic race meeting at
In one Of these, known as the w1ther. Stakes the
horses Of certain age were by , 10 sssoce
ton Of which the winning horse received cer,asn
proportion and the SECOND and third horses cand
enter his horse for such race paying to the ass0ea
Fiji money When paid to the association became
the absolute property OF the association. anu tne
pmm Or ah S Ss' IL be d
amounted to q. certain sum. without regard to the
The amount IN OF Of the entrance fees.
The entrance fees which were contr6ut.d by the
les were paid into general treasury OF the assoc
aeumd an 70
pay out Of its general funds the amount Of 8 go to
n fbe race The race was to be conducted in the
usual way. and under the rules which were pre-;
the I race aid take place Under the direction Of
the relator and others as Officers Of the West,
guilty Of the several crimes described in the three
one Of them.
THE CONTENTION CANNOT BE MAINTAINED.
II BY the first warrant. which accuses the relator
Of violation Of section 323 Of the Penal Code. 1t
was intended to charge that by taking part In es-
tablshng this race he was guilty Of contrivns or
assisting In contrivlng lottery. within section oS
Of the Penal Code and subsequent section tnas Son
defined by the Penal Code TO be scheme Ior tns
aSo Ssve paid or 70 pay
pensa,ion for the chance The essential a Hatyh 81
ysn Il hs UPON 1ns chanee and that So far as
SsssSIe, il the lottery s honestly CONDUCTED no
S;niy Il wide distinction between the wager Of
4opsy upon the result OF any game ana the pur-
Tss certain extent. il may be said that what is
eued chance enters into the result OF any game;
svtn the game Of chess and that nothing when Is
without some other element entering into It than ian
the me1v skill of the persons who take part In the
knsws game Of football or In cunning ' or walk ,hc
km AMI strength and agility OF the competitors
M upon incidents Which a npo or
knsSiedge Concerned have ., no reason s,
y the result Of those genes cannot IN any 'vs
spprehend to be that in lottery no other eemens
intended to enter into the distribution than pure
enance while In the result OF other contests wn,cn
sse forbidden under the act against betting or gam
Ie other elements enter and the element OF chamoe
Snnoo8h necessarily taken into confederation may
sn ns H. eliminated to very consideTapie ex'ehe
con ,xaI careful preparation and foresight OF tne
S0mpetton II 10 quite clear that the law mas al
,,nSr recognized the distinction between Dettlns
Ivn morse races and the establishment OF IoteIieS
'ne racing was forbidden by law as early az leoS
IN, ~ -, 20 The same statute forbds ramins'
isied osasosequent statute in the same book resu-
es ioteries to the extent even OF requiring man
49, 70 axe an oath to faithfully perform tne
u. r. L.. no. ~'~'' '
THE LAW REARRANGED.
When the Revised Statutes were adopted. all
snese laws were rearranged and the statute against
oe'uns and gambling put by itself that against
loueries entirely different atatute. and fol-