New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-03
RACING LAW SUSTAINED.
THE PERCY-GRAY ACT DOES NOT VIC,
LATE THE CONSTITUTION.
DECISION BY THE COURT OF APPEALS o.
THE PROVISIONS RELATING TO BOTH
RACING AND BETTING - TIE
LEGISLATURES POWER.

RACING AND BETTING - TIE
LEGISLATURES POWER.
Albany March 1.-The Court of Appeals to-day
handed down a decision In two cases. the effect OF
which IL to declare constitutional the Percy-GrGy
Racing law. The appeals were from the decision
OF Justice Ingraham. granting a writ OF naoeis
corpus for Samuel b. Lawrence. president OF the
Westchester Racing Association. and Joseph Stur-
ges bookmaker's clerk. who were charged with
contriyng a lottery. pool-selling end maintaining
a nuisance at Morris Park. stuises Is accused OF
bookmakng IN violation Of the law.
In discussing the Sturges case Judge Martin WHO
wrote the opinion, said The acts performed by
the relator only those for which by Section u
the penalty prescribed was a forfeiture OF an
amount equal 10 the bet. and as 10 which II was
provided that civil action 10 recover IT should be
the exclusive remedy. Such being the case II fol-
lows that by whatever the acts Of the relator
may be described, the only punishment which
could be inflicted was that provided by that section.
II valid
1T is however perslstently urged that II Is void
being in contravention OF the provisions Of the
Constitution relating TO that subject without IN
dugfng in any refined subtle discussion or con-
sideration Of the question to what may or may
not fall within the terms poo-selling. bookmaking
or other kinds Of gambling which under the con-
stitution may not be authorized and in relation 70
which the Legislature is charged with the duty OF
passing appropriate laws 10 prevent. IL Is manifest
that the Legislature regarded acts OF the character
Of those performed by the relator as falling WITHIN
It's condemnation Hence we must assume that his
acts in conflict with the spirit and purpose OF
the Constitution In pursuance OF its mandate. the
Legislature has enacted a law which forb!ds such
acts ard prescrIbes penalty that person
making a bet or record Of It, at the place and N
the manner named, shall forfeit an amount equal
TO the value OF the property or sum wagered
Whatever its Indirect effect may be. it certainly
cannot be said that this was a statute "hich III
terms authorized any Of the forbidden acts the
most that can be said IS that when the Legislature
passed that section Of the statute. It's effect was
TO reduce the then existing penalty or paislnstt
for that particular offence The authority 10 pre-
that provision OF the Constitution Is expressly con
ferred upon the Legislature which necessarily m
cluded delegation TO 1t OF the power ana authotly
10 Increase decrease the punishment for o1ences
OF that character to such an extent as the Legs
ature deemed proper. :,
1T Is not within the province OF THIS Court 70 oe
clare that Section Il IL in contravention or the CON
stitution for the that 1t does not deem the
provision adopted appropriate or suffcient 70 pre-
Vent such offences The Constitution In express
terms reposed in the Legislature the power ana
imposed upon It the duty OF passing such laws thus
Clothing IL with the right to consider and determine
FOR itself what laws were appropriate ana snouIu
be assed 10 carry II into effect That the law under
consideration H. in a sense. appropriate TO accom-
psh the purpose OF that provision must De auln.,
ted Whether Il will prove less enectve 10 acg 1Iid
psh that result than some other we are not caileu
Tine contention of the appellant that the purpose
Of the enactment Of Section Il 10 evade or de,
feat the provisions Of the Constitution IL hot proHeu
and cannot he presumed but a contrary presump-
ton must prevail. Without further discussion or
considering the question whether the leglslaIiol
under consideration was or was not caeuiatea ~
opinion that Section /, not in conflict with Sec,
ton of Article l. and, hence. Is CONSTITUTIONS ana
The decision in the Lawrence case is that racing
horses for prizes IL not a lottery.