New-York tribune., 1902-01-15
PERCY-GRAY LAW UPHELD
JUDGE LACONIBE SENDS BENNETT
BACK TO THE STATE COURTS
FOR TRIAL.

Judge Lacombe in the United States Circuit
Court yesterday handed down a decision trans
ferring the case OF Charles Bennett, a former en-
Move Of The Allen, back 10 the Court OF Gen
eraI Sessions for trial The motion which the
decision handed down was made by john R
Dos Passes. counsel for Bennett. VINO contended
that the law which permitted bets TO be made al
the racetracks but not in poolrooms was uncon-
stitutonaL Bennett indicted by the April
grand jury for alleged violation Of the law gov
ernlng betting on horse races The formal chAI Sc
that he handled bets for other people anu
a one of the Iacetracks designated IN the ID"
cf 1sS5. The case was taken to the Federal court
10 test the consutuuonality Of the law Bennett
said that it deprived Of the rights guarah-
teed him under the Fourteenth Amendment 10 the
Constitution.
Judge Laeombe declares the law TO be in accord
auce with the amendment. He cites instances
where laws have been made TO apply only to par
ticular localities, naming the California Chlnese
law and those Of some OF the Southern States re-
strcting the actions OF negroes. The olscrlhliha-
tion he says is clearly based other consldera-
tions than locality. lie finds nothing in the law
that prohibits me State from permitting acts in
one locality and not in another provided that the
legislation is against any persons whose cIassl-
fcaton Is predcs1ed on any other than the COM
mission OF that particular act
Justice Lacombe in his opinion says.
The Act OF 1895 provides that any person who
upon certain racecourses authorized oy the aCt
sAal make or record any Oct or wager shaH pe
liable in q civil action Ior the amount OF Lhe
but shall not De liable crimlndiy, pro
vided he does exchange, deliver or transfer
any record memorandum or token as evidence OF
such BET or wager The result of an analysis
Z room stand. with books etc, for recording
and registering bets and Wagers. receiving ana
registering The money Of others wagered, becoming
the tOdian for hire OF The money WaSered
pool selling etc, prohibited and punished
wherever committed; that person who bets MS
own money Il be punished crlmlnalIy. that
person who records a wager by some memoTan-
dun in his own possession and does not transfer
any memoran ndum token shall not be punished
Cr.minally II he makes that record on race
course, but shall be punished II he makes II else
where. Defendant refers 10 the Fourteenth Amend
Ient 10 the Constitution Of the United States This
amendment provides that State shall make or
enforce any laws which shall aDrdge the prlVi-
leges OF citizens Of the United States, nor deny 10
any person within its jurisdiction the equal pro-
lection Of the law. The defendant claims that the
statutes Of the State deny equal protection and
punish individuals crirlinaIly for acts committed
IN one place and not for the same acts committed
elsewhere. In the multitudinous authorities con-
Eustains this proposition or holds that the State
may differeEtiate crimes and punishments
81 lleases. SO long such differentiation is not
effort less disguised, TO discriminate
against class OF persons by reason OF their race.
color or some other individual distinction.
There is nothing OF that sort here; no class IS
Disseminated against every one, whoever he may
he who records q bet or wager in a place other
than the racecourse is subjected 10 the same pun
public purpose is limited in its application. II
within the sphere Of its operation IL affects alike
al persons similarly situated, is not within the
amendment.