New-York tribune., 1903-07-07
WOULD ARREST GREENE E.
SAYS POOLROOM LAWYER
.Steinhardt Wants to Stop Betting
at the RacctracES.

benjamin steinhardt. OF Howe & Hummel.
Eel for poolroom keepers. went 10 Police Head
quarters yesterday to meet Acting Police Commis-
Eioner Ebstein relative to opinion OF Corpora
ton Counsel Rives concerning pool selling at race
tracks. Mr. steinhardt declared that the opinion
was sent to the Commissioners Office on last Fri
day. but at headquarters would admit that
the opinion had been received They all declared
II had not Stenhardt declared that he would ar
rest the Commissioner OF Police If he failed to sup
press gambling at the racetracks.
q am going down now to the CORPORATION Coun-
sells Office" said he "and l am going to make
things hot for some people in this department l
tackled this question when Colonel Murphy was
Commissioner Of Police but then ! didn't have the
Corporation Counsel back of and l conse-
quently failed. Now I have the backing of the
Corporation Counsel e copy OF whose opinion I
saw. and ii seems very funny to me that no one
here knows anything about it"
Stelnhardt said that more than the Commissioner
cf Police would suffer before he got through.
Later the opinion was received by Deputy Com
missioner Ebstein al Police Headquarters In
substance the opinion is that II the law is being
violated at the racetracks, Stenhardt may obtain
she evidence. swear ont warrants for the gullty
parties and take them before a magistrate IL
sent in reply to a request for it from ComnlS-
siOner Greene, which inclosed letter from stein
haTdt
The opinion says. in part:
You will observe that Mr. SteinhaTdts entire
contention turns upon his assertion @ %ifcr th race W
tracks within this city is violation OF the cr1ihai
Apart from Section Isl Of the Penal Code, you will
find that Section i OF Chapter $40 OF the Laws OF
1885 generally known as the Percy-Gray HaclIS
TncetTack authorized by or entitled to the benefits
of the act. shall make or record directly or lnuio %
sectly, any bet wager the result OF race
shall forfeit the value OF any money OF properly
so wagered received or held by him. 10 De recoE-
cred in civil action by the person or persons with
The section further provides that the above
penalty is exclusive of all other penaiues pre-.
scribed by law for the specified uncluding, OF
course the Denalties prescribed In the Penal Code)
.except in the case Of the exchange, delivery and
transfer OF record, registry memorandum token
cence Of any such bet wager the subscribing
by name initials or otherwise OF any record regis
person of a bet or wager. intended to be retained
by such other person or any other person as eVl-
II will be observed that unless the acts of bet
ting which Nj Stenhardt alleges take place on me
racetracks and IN the presence OF the ~ ~
the police force falls within the exception ry %1ch
J have quoted above. violation Of the Percy
Cray Racing law has been committed Whlch can De
punished criminaily-
violated by the fact that the propTleioIs or Hal a
gers Of the racetracks suffer permit gambling 10
press any definite opinion. Without examining the
iiouor tax certificate granted to particular race
track would be difficult to determine Whetner
the betting ring is or is not yard. booth garden
other place pertaining thereto or connected
herewith" Nor is il clear matter OF law lnat
making bets the racetrack where no crlTnlIl;al
liability is involved. constitutes gambling WITHIN
the meaning OF the Liquor Tax law. -,
The constitution Of the State, among other
things prohibits gambling; but l have pointed
out the Legislature has failed to provide any pun
ishment through the criminal courts for the act OF
II SEEMS to me fhst as Mr. stenhaTdt states that
he is desiroUs of seeing the laws properly enforced
his best course wl be TO secure evidence OF some ONE
specific act which he claims constitutes violation
Of the Law, ald TO make complaint 70 ay cry
Tor the apprehension Of the offenders: and the mat
Ter propeIg aecIotd oE me 5 ~ to the noiice
force than any expression of opinion on my part