New-York tribune., 1896-01-01
LEGALITY OF HORSE RACES
CONTESTS OF SPEED OR ENDURANCE
NOT LOTTERIES
DECISION OF JUDGE INGRAHAM IN THE MORRIS
PARK CAsEs-CoLoNBL LAWRENCE DIS

PARK cAsEs-COIONBL LAWRENCE DIS
CHARGED.
In the Court of Oyer and Termner yesterday
Judge Ingraham handed down his decision in the
habeas corpus case of Colonel Samuel b. Lawrence
president of the Westchester Racing Association
who was charged with violating the racing laws
at the Morris Park track. He ordered the discharge
OF Colonel Lawrence. and said there was no evil
dence that the laws had been violated The de-
cison included the following:
In the matter of Lawrence. decided herewith. !
have & a some TO & sae hai cnaRef % OF
was passed at the same time as the amendmsnt dS
scribes The punishment for violation Of the law in
regara to making and entering bets. Paragraph
ing the provisions OF the section is guilty of a
felony, except where another penalty is expressly
the Laws of 1885, however. provides that any person
on a ny bet o on on ss
suit of any trial or contest OF speed or power OF
course shall forfeit the Value of any money or
property so wagered, received or held by him to be
% or A afq5sfH of ak Pnay b S
wager. Paragraph S5J Of the Penal Code does not
sndh bet or S is liable to is consined in Para
graph !, Of the ae referred TO- The Cons,ut,In n5s
OF gambling shall not be authorized or allowed IN
proper laws to prevent this offence. but the penalty
must he fixed by the Legislature The Constitution
does fix the penalty no punishment can be inflicted
fer violating the section of The Constructor no Ine
thus fixed Is the only one that can be enforced.
not justified in holding the reator, and he must be
discharged
In his written decision Judge Ingraham said that
Samuel B. Lawrence was committed 70 the city
prison the complaint of George T. Henry. under
several commitments: one for a violation of Para
graph 1923 of the Penal Code. and also for violation
o. Paragraphs 351 and S52 of the code. writ OF
habeas corpus was issued.
rix
tng. proposing and drawing certain lottery. the
lottery being u horse called the Withers
Stakes. Another complaint was for poolseling and
recording bets and wagers on the race Still an
other complaint for being the manager and d.
rector of a certain horse race the same not being
allowed by any special law. The Judge said:
1t seems to entirely clear that this horse race
gould not come wthn the definition Of tne s. H l9seTy
draws distinction between lottery and a horse
1t be said largely. upon mere chance but depends
upon the speed and endurance of the horses taking
part anu the skin used by the riders. lottery Is
determined by chance. and not upon speed or en-
durance. II horse race should be held to be lot
prize. This would be absurd:
gased S IN poolseins g or F Oookmskins kept any
FOR [eS9rdng Ing bets bets Or or wagers
that dsncSn Sar is b drawn In s snrse IS to-
ceive a stake or premium and selling a pool or
making bet upon the race
sons from selling pools or making books upon the
race: not from being Interested owners of the
All hrough egslation M on this subject distnc
ton has IS awas been dTawn between the act and o
bookmaking and other betting upon the RI race % Itself
IL would seem that the distinction made by the stat
and by judicial authorities was to be still main
tained. and that 1t to prohibit betting upon the
race itself by others rather than the racing NseH
1t is not usual for the Court in such proceeding
the present to declare an act of the Legislature
certainly not unless 1T is clearly
/ clearly the opinion that the act NSeH Is
not unconstitutional, and that there is no evidence
here which would Justify me in holding that any
of the State was violated, or that the re-
When a similar charge made against the re-
lator some time ago expressed then substantailIy
seems that after such discharge the Magistrate IN
this complaint assumed to hold that the reator nao
ttial. fssn guilty Of crime anu committed mn"
1t is certainly unusual for MAGISTRATE, to re-
Hiew disregard an opinion upon the CONSTITUTION
hlity OF a law by Justice of the Supreme Court.
bnd 1t is even more unusual for Ponce Magis ,sa
trates police officers to disregard an act OF me
Legislature by assuming it to be unconsiitutional; ~
Ny conviction is that there Is no evidence 10
Show that the defendant is guilty or any crime
bnd he is entitled therefore to be discharged
Colonel Lawrence was arrested two months ago
ct the Morris Park racetrack. He was held IN bail
and then the writ of habeas corpus was obtained
by his counsel. Joseph Sturgis. bookmaker at
tne same track was arrested at the time.
bnd writ also secured for him after he had
been held in bail by a Police Magistrate.
Argument made before Judge Ingraham
week ago. x-District-Attorney De Lancey Nicoll
argued for sturgis. Joseph s Auerbach appeared
hI Bowers for the racing association.
Judge Ingraham yesterday ordered the discharge
Of Sturgis. deciding that the Ponce magistrate was
Assistant District-Attorney Hennessey said yester-
Eay that he proposed to take an appeal from the
decision Judge ngahssm in Ihe Lawrencs IN o1 and
file notice of appeal with the Appellate Division
OF the Supreme Court