The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-03-05
RACBHRACK BETS ARB
DECLARED TO Be ILLEGAL
Adjudged to Have No Stand
ing in Law.
Decision Said to Be the First Of It's Kind
and to Define Gambling
Statutes.

NEW YORK, March SIT thus appears
that by the provisions of the constitution
and by the statutes passed in accordance
Herewith, as interpreted by our high
est courts. betting and gaming on horse
races is forbidden no less on racetracks
than in pOolrooms, though the penalty
therefor prescribed is different for a vio-
lation in one place than in the other"
This is the ruling made yesterday by
Judge Clarke, Of the supreme court. in
vacating a temporary injunction obtained
by the Maxim Gay Company restraining
Edward McGloin. Jack Sheehan. and
others from selling racing tips. The ruI-
ing is the most important OF the kind that
has been made by the courts in years
II is said TO be the first decision on
the point as to whether there is legal
property in racing tips. 1t was contend
ed that the parties complained Of pur-
chased for s. the necessary information
on the horses and duplicated and sold
II at a much smaller price. Julius NJ
Mayer, now a judge Of the court Of spe-
cial sessions, appeared in support of the
injunction, and Charles Maitland Beattie
represented the other parties, his eonten-
ton being that there is no property in
racing tips which a court OF equity can
enforce.
1t WAS urged in support OF the injunc-
tion that under the constitution OF 1884,
the Percy Gray act Of 1885, and the de-
cisions OF the courts, while betting might
not be legal elsewhere, It is at the race
tracks. As the law is construed, betting
in any form is unlawful in any part Of
the State. The making and recording"
Of bets is a misdemeanor outside OF the
authorized raeetracks, punishable by fine
and IMPRISONMENT, but for betting at
racetracks the only punishment is the
forfeiture Of the amount OF money wag
cred. Judge Clarke said:
1T is alleged that the defendants OBJ
tain for IS the information they sell and
sell IL at a much lower price nOtwith-
standing that there IL printed on its bull
letin the agreement that the purchaser
acquires the information for his own eX-
elusive use and will not sell. dispose of
or disclose the same to any other person.
and plaintin prays that an injunction
be issued restraining them from in any
manner impaTting this information
anyone.
The constitution Of the State provides
Nor shall any lottery or the sale Of
lottery tickets. pool selling. bOOkmaking.
or any other kind Of gambling hereafter
be authorized or allowed within this
State. and the Legislature shall pass ap-
propriate laws TO prevent offences against
any OF the provisions Of this section.
The tips and advertisements Of plain
tin are devised and intended as an aid to
and Indictment OF this forbidden gambling
and betting. and such aids and induce
ments may by bettOrs and gamesters be
awaited Of as well in pOOlrOOms as on
racetracks. This court viii not lend its
equitable process in aid OF plaintiff in its
efforts TO promote and induce acts for
hidden by the constitution and the law"
Benjamin Steinhardt. OF the firm OF
Howe & HUmmel. said yesterday that the
decision was a most important one, and
that under IL the police were bound 20
stop pool selling and betting Oh the
tracks
Under the charter and under the deci-
sions the police are bound to prevent
gambling at the racetracks, said Mr.
Steinhardt and the law requires that
policemen should be stationed Their TO
eject every person Who engages in Gam
bling. It Is the duty Of the police TO
prevent all violations Of the law OF the
racetracks as well as elsewhere"