New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-08
sT4TEnENF FROM MR. ColfsT0CK.
THE AMENDMENT TO THE ANTHOLOGY
BILL AND HIS PART IN IT
To the Editor of The Tribune


To the Editor of The Tribune
Sir: NV attention has been called by a friend %
your editorial entitled THE Gamblers Win"
feFring 10 Senator Elsberg's motion kill the
amendment to the Policy law by sending 1t back
the Codes Committee, with instructions strike
out the enacting clause. Then you say: Such is
the outcome of Mr. Anthony Comstocks cooper
alton with Senator Grady and the representatives,
of the policy ring
To this insinuaton 1 desire say that I have
not co-operated with any person defeat wise
legislation against the policy business. I agree
with you that policy is the meanest form of
gambling
The real opponents to this bill have been MI Fa-
lows and Senator Elsberg, who have haggad over
a single word in the bill and been willing to de-
stroy all of the following wise provisions rather
than yield their views the unanimous view of
the Senate Codes Committee, composed of promi-
nent lawyers, of which Senator MaIby is chairman
This editorial, as well as about week ago
has done marked injustice myself and has not
presented the facts TO the public they really
The New-York Tribune March > 1872 sent a
representative with while I made the first seven
arrests in the present campaign against the moral
cancer planters of the day. Since then I have
always felt that The Tribune was disposed to be
fair and honorable in its dealings with this society
and with myself I therefore respectfully ask you
10 lay before the public the following provisions
which were in the substitute bill and which are
not governed by the word knowingly
The necessity for some of these amendments lies
III the IdcL JnaJ section 3ii OF the Penal Code
which makes it offence sell what is COM
monty called lottery policy is evaded by the
policy seller, who makes the player write his own
numbers upon a piece Of paper and hand the num-
bers he desires to bet with the money to the
seller, that, practically speaking policy
gambler gives out no lottery policy the buyer.
Now. in order to reach these offences there were
certain amendments TO be added to Section S44 all
of which If enacted would have a most salutary
effect. For instance. the first paragraph forbids
ANY person to keep, occupy or use or permit to
be kept occupied or used place, building, room,
lottery policy.
The next provision of this bill is death blow
at policy, and If there other amendments
TO this bill would be the most efectua way of
stopping 1t, to wit:
Or who receives money or other valuable con-
sheraton in playing policy, or in aiding in the
lottery policy or for any writing. paper or docu-
upon the drawing or drawn numbers of any public
or private lottery.
Now. it must be manifest TO any person of Ordi-
judgment that lottery policy lottery can
not be promoted unless the gambler may receive
the money invested in the chances offered by his
schemes.
Another provision of this bill which is not in
any way governed by the word knowingly" pro-
vides also most comprehensive enactment against
this business. to wit:
Or who aids assists abets in any manner in
any or the offences acts or matters herein named
Then there is another provision which makes
Any owner agent, superintendent. janitor
caretaker of any place. building room where
policy playing or the sale of what commonly
called lottery policies is carried with his know
edge.
amenable this statute.
For any of the foregoing offences this bill pro-
vides a maximum penalty of not more than two
years imprisonment and fine exceeding 81 600.
NOW all OF the foregoing provisions, any one
of which would be more enectuaI than the part
ffaOT NV ha
feed by Senator Elsberg and Assembvnan Fa-
lows, acting not for the people. for Captain
Z. n. Goddard because the Senate Codes Com
mittee, upon its volition, guided by its sound
common sense and good Judgment added the word
knowingly in the following paragraph Of this
! bill. wit:
| Or who shall knowingly have in his possession
! any writing paper or document representing
numbers sold drawn he drawn or in what
het W-a9nr or nsrgnra ,O 0 III sne nature OF
! drawn numbers of public private lottery
! 1t must be seen by the most casual glance that
! this word knowingly has bearing upon the
other provisions of this bill, and 1t is the height
! absurdity say that the word knowingly" used
! in the place where it is. impedes in any manner
! the proper administration of this law. For in
/ stance. the policy writer who makes the PLAYER
| write his numbers and receives a copy OF that
! paper with the money certainly has knowledge
! that he Eas such paper In mis- possession. and
| the very fact that man him the money and
| the paper, and he received them is all that is
necessary establish the crime.
Again. entering room where the policy writer
has a blackboard upon the wall with the drawn
/ numbers upon it, has a hand stamp such as they
! Use for duplicating the drawn numbers in order
10 print Slips 10 give out to the players.
! having the printed slips manifold book with
the plays recorded upon 1.-THE very fact that these
! Things are there in the possession of the man in
! charge Is proof Of his knowledge We need go no
/ further than simply show that this man was
/ using these papers and documents on
| the unlawful business Of policy.
/ The word knowingly does impair he Use
/ tnlness Of this bill. Ii does not seriously modify
the drastic OF the original Trainer of the
bill At most II is bur the fancy On the part
what would have been a effective measure
against lottery policy. II they had opposed the
pill as recommended by the unanimous vote or the
Senate Codes Committee
! The word 'knowingly' has been in the act Of
Congress concerning the depOsiting obscene ana
non,maiIabie matters in the mail since 1873 II has
| worked no hardship in the enforcing law
! The same in substance Is he provisions
or the Penal Code which provide against d person
having in his possession obscene books and
! with intent TO sell lend or give them away In
the latter the word intent calls for much
more proof than the word knowingly" because
you have got to prove the intent Of the man who
/ has never been found a serious obstacle in the
enforcement Of either OF these II is a
term well understood. a when has been fire.
/ quentiy construed both by the Federal and
! by the highest courts Of the State.
/ II II had not been for the dense ignorance and
b!Sotry the part Of the originators Of this bill
/ there would have been difficulty whatever In
fhA Afy htz IaFx W.