Kansas City daily journal., 1897-01-05
HnN rHE LAw TREATs nETTING.

The Journal recently recited ut some
length the trouble which had arisen be
tween two citizens Of Arkansas City, kas
over an election wager The Republican in
the case had wagered that California and
kentucky would go" for Mckinley, but
inasmuch as Bryan got one elcctor in each
Of these states his Democratic adversary
refused TO permit the stakeholder TO turn
over the money. After trying arbitration
without satisfactory results the parties 10
the wager have gone into court, and it is
announced that a decision will be reached
on January 15.
Unless. however. the Arkansas city judge
before whom the case is 10 be tried over
turns long line Of precedents the litigants
will discover that they have no standing in
law and that no decision will be given
which assumes to declare who won the
money. Several recent decisions are very
much in point. Fitzsimmons went into the
California courts to cnjoin a bank from
paying the money to sharkey which had
been unfairly awarded TO him. He was
thrown precipitously out of issue on the
ground that the money was claimed as the
fruit of an unlawful act. In substance the
decision OF the judge was that man can
mcguire no legal title TO property through
a process which is forbidden by law.
Another decision along the same line
comes from Philadelphia, where colored
man sued for damages because he had
been refused liquor in n saloon on Sunday
at time when white men were buying it
without hiudrance- The court held that
the proprietor of the saloon was violating
the law by the sale of liquor on Sunday
aud that tho colored man could have no
lawful right TO be furnished with beverages
on that day-with which the case went out
OF court.
Rut case nearer TO the point than
eitler OF these was decided at Cleveland
O.. on Saturday. Early in the recent cam
paign Dan r. Hanna. son of Mark Hanna,
the Republican national chairman bet
&llen Armstrong, a Chicago travelling man.
$50 that Mckinley would have more than
$1,000 majority in Ohio. II will be remem-
bered that there was one Po9ulist candi-
date for 'elector running in Ohio. 1t was
contended by Mr.. Armstrong that this cleo
tor was for Bryan and that his vote should
he added 10 the total received by the reg
ulHr Bryan electors-which being done left
Mckinley Il irile short Of the wagered
j0.oe0 majority. The stakeholder did not
see it in this lighi. however and passed
the stakes oveS to Nv. Hanna Mr. Arm
strong then went into court and sued Mr.
Hanna for $50 the amount which he had
put UP as his end of the stakes. The court
gave him Judgment FOR this amount and
taxed the costs 10 Mir Hanna but it should
not be understood from this that the judge
assumed TO decide that Mr. Hanna did not
fairly win The money. on The contrary. The
jugGe declared explicitly that he did not
sit as. a referee over an election bet Mr.
Hanna he said. had deprived Mr. Arm
strong OF So in an unlawful manner and
because tie latter had consented to the
initial proceedings by putting up his money
of his own accord ho was not thereby de-
prIyed of the right to recover.
In short. al Of lhc decisions are to the
effect tbat betting is. unlawful and that
tho winner OF n stake secures no valid title
TO his winnings. Ia sporting parlance. any
man who holds the losing end of "a wager
mag "sque,l" and procure the return of
his money. and therefore our advice to the
Arkansas city men is To get ont OF court.
draw down their money and ever after
pursue ;he bauhlo fortune through husk-
ing corn. mining coal or amy other of the
less alluriuE, but more honorable, employ
ments