The sun., 1896-01-01
LAWLESS RACING ARRESTS.
DE LAcY,s OTHER EYE BBACKED
M JUSTICE INGRAHAM.

M JUSTICE INGRAHAM.
Discharge OF tho President OF the west-
| chester Racing Associntion asd OF Book
| mnker's Clerk sturEis-A Horse Rnoe
IL Not 81 Lottery. and tho Police and city
| Magistrates Are Not TO Assume thnt
the Racing Law IL Unconst,tutionnI.
The complaint against Samuel B. Lawrence,
President Of tho westchester Racing Associa-
| tlon. was dismissed yesterday by Justice Ingra-
ham. In Oyer and Terminer. President Law
renee was arrested on Nov. l3 at the instigation
OF the Anti-gambling League and Peter De
| Lacy. He was held for trial by Magistrate
Crane In the Essex Market Police Court.
writ of habeas corpus was granted by Justice
Ineraha,n and tho matter was argued two
weeks ago.
Assistant District Attorney Hennessey said
yesterday that Col. Fellows had instructed him
to take the case now to the Appellate Division
OF tho Supreme Court. Justice InGraham Will
sit in this branch of the Supreme Court, begin
ming this month. In his opinion Justice Ingra-
lam criticises the action OF Magistrate Crane in
holding President Lawrence for trial, and of the
police In arresting him after q Supreme Court
Justice had already decided that there was
nothing illegal in his actions. The opinion reads
in part as follows:
"The relator was committed to the city prison
on the complaint Of one George 7. Henly under
three separate commitments; for violation of
sections 3o3, 35l. and 352 OF the Penal Code.
The first Of such complaints charged the de-
fendant with others. with contrivinR, propos-
ing, and drawing n certain lottery, the lottery
being horse race which was to be run on the
7th day Of October, 1898. called the Withers
Stakes. Another charged the defendant with
others with being engaged in pool selling ana
registering and recording divers bets and wagsrs
on the result OF the same horse race. And the
third charged tho relntor and others with being
managers or directors of a certain horse race,
'"' "The c complaint which charged the d efendant
with being engaged In q lottery. describes the
and designated by tho defendant as the Withers
Stakes. and then describes the scheme as one by
h.s Who paa SS by tho he 18th Of August isp5 or
$3.50 by Oct. l. 1898. should have u right to run
the horse entered; that the Sontriontions nj OF al
should be formed in one pool or stake to which
an association. of which the relator was Presi-
ssoss n %H1a "af Of the and
said stake should be distributed ana paid to the
after err deanctinS $500. which should 60 te III
owner OF tho horse coming In second; and 5000.
"It seems to me entirely clear that this horse
race could not come within NJ, she e. deiniton ot the
323 325 are included, relates to lotteries. Chap
ter relates to gamSiing S Snd expressly pre-
draws distinction between a lottery md u
animation Of the distinction Between the two. it
is clear that the LEGISLATURE itseli ey the pas.
from the prohibition contained in chapter
relating to lotteries
"In considering an act OF the Legislature. the
language used must be given its ordinary mean
ing. and the distinction that has always been
drawn in all the LEGISLATION upon this ST. subject:
lottery and horse race makes it entirely
clear that no one using in IN ordinary % language
tireiy nor could it be said largely. upon mere
dnranee Of the horses taking, part in tho race
and the ekiil used by the riders. 1t would
hold that a horse race Is a scheme for the dis
OF Sy m nny amos SONS
AS to the other charges. nothing is alleged to
show that the rela,or was enkaEsd % h IN peel sell sell
Qeing President OF an association that contrib.
uted toward the stake to be raced for he
think l. may fairly he said that, taking the
whole section a3l toxether, It Is apparent that
where the successful horse is to receive
6 stake, or premium: and selling a pool pool
or oeee ns M section et s Is to s
from selling pools or making books upon the
race: not from being interested as owners @ Of the
tinction is emphasized by the fact that the next
section relates to those who are engaged In the
race itself as distinct from those who bet upon
the race II the fact of racing the horses for the
stake was within section 10 section 35e would
be unnecessary. by section t51 IT. L. expressly
or trial of speed between horses or other animals
for any bet stake. or reward except such @ race ace
race described in the compliant and sworn to by
lator was guilty Of II misdemeanor;
1T is claimed 10y the relator. however. that
such race is authorized by chapter $40 OF the
Laws OF 1895 !the Percy-Gray Racing law: 1t
not ssn .hs sos na, fuy oo
with the provisions Of this act; but the District
Attorney contends that his act IS void. being In
tniia MScn provde. tS shall ' any lot
tery or the sale of lottery tickets, pool
selling any nrr or
allowed Within this state; and tfe Lesis-
iature shall pass appropriate laws to pre-.
this section Before the relator. however. can
be held for "A crime, there must be some act OF
tho Legislature making the net which he did a
crime and prescribing penalty. When a SINH
lar charge was made against this relator some
time ago. ! expressed then substantially the
same Gpnon and SisGharGea the Teater
In this complaint assumed to hold that tho re.
lntor had been guilty of crime and committed
'Itis certainly somewhat unusual for magis-
constitutionality Of a law by Justice OF the
Supreme Court. and 1t Is even more unusual Tor
police magistrates or police officers to disregard
an act Of the Legislature by assuming II to be
no evidence to show that tho defendant is
guilty Of any na,a crime and he is entitled there
the discharge Of Joseph SturRis, the book
makers clerk who was charged with violating
terinG bet. llo said that Sturgis was not guilty
OF any crime.