New-York tribune., 1903-04-30
BOOKSELLERS HAPPY.
MANY WILL REOPEN.
Court of appeals Upholds Demurrer
That Lac Is DefectiOe.

booksellers and their lawyers were JuohahN
yesterday over decision Of the Court OF Ap-
peals sustaining demurrer in the case OF Leoi
Stedeker proprietor Of a poolroom IN Dey-s'''
who was indicted after a raid on his place II
was declared by the lawyers that pooirooii's
could run with impunity hereafter. In view Oh
tie decision, and It was said that hunoreos oi
poolroons would reopen Immediately
Judge Foster. in the Court of General ses-
sions gave a decision sustaining the oenuII
10 stedekers Indictment. The case was carried
10 the Appellate Division. which reversed Judge
Fosters decision by a unanimous vote Ihen
the case was carried to the Court of Appeals
with the result that the Appellate DIVISION mas
been reversed and Judge Foster sustained
IT decided in the Stedeker case" Judge Fos-
ter said yesterday that there was no Ia" 10
punish the booksellers. tried hard to hno IN
the Penal Code some section under WHICH
might punish but the most careful research
revealed only two laws on the subject. each of
which practically nuIlifed the other One Of
these laws legalized pool selling at the race
tracks but made il crime TO do the same
thing twenty feet away. Such law is unjust
Snecial legislation is unjust because it does not
treat every man alike. The only remedy that
/ can see at hand must be found at the next
meeting Of the legislature. when the existing
statute should be repealed. There will be no
other alternative but to discharge those
who are arrested for maintaining poolrooms.
and this will have to be done until there is a
change in the laws.
BENJAMIN Steinhardt. who has been leading
counsel for the booksellers. declared yesterday
that the police would not be able under present
laws to interfere with the running of poolrooms,
and there was reason why the poolseilers
should not open their places and run them
openly. He declared. too: that the booksellers
who had been convicted and fined under the
present laws could have their fines recovered
for them in suits against the city All pending
indictments CT poolsellers he said. would have
10 be dismissed.
Leon stedeker was said to be making ar
rangements yesterday TO reopen his poolroonI,
intending 20 defy the police and the District
Attorney 10 interfere with him. District At
torney Jerome said that he intended to wait
until he had read the full text Of the decision
in the stedeker case before making any COM
rnents on the situation but he is expected To
lead more raids upon poolrooms If they reopen
and try 10 run openly.
Police Inspector McClusky said yesterday:
Until the Court Of Appeals rules that pool
rooms are to be run wide open and says so in
that many words ] shall continue to raid every
cne that opens in the greater city. My inter
probation Of the decision is that poolrooms can
he kept closed before. 1t shall be done
District Attorney Clarke OF Kings County said
yesterday that he did not care to express an
opinion on the decision until he had read the
full opinion of the Court Of Appeals He did not
believe, however, that Ii affected any constltu-
tional question, but that it simply sustained the
demurTers 10 the indictments. He was comment
he would be able 10 hold the handbook men IN
dicted on the testimony Of the Rev. Cortland
Nyers's witnesses under a clause Of Section
POI. which it apparent, was not passed
upon by the Court of Appeals. That clause made
entity OF felony a person who receives regis
fers records or forwards or purports or pretends
10 receive. register. record or forward. IN any
r~anner whatsoever. any money, thing or con-
stderation of value. bet or wagered, or Offered
for the purpose of being bet or wagered by or fol
any other person OF sells pools, upon any sucf
result