New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-11-26
UPH0LDS P00LR00M MEN.
Point against Bookmakers, but Not
TRACKS,.


BETTING LEGISLATION RAPED.
The action OF Justice Murray in the Tenth Dis
trict Court In disuissing a suit brought by Ray
rrond p Noulto1 against William !. Torpie. book
maker. 20 recover a so bet which had been lost
on horse. was reversed in two opinions handed
down hy the Appellate Term Ct the Supreme Court
yesterday. This is the hrst victory for Peter De
Lacy and benjamin SeinhsrdJ in their fight against
the boolznakers. The Appellate Term also sus-
rafned the action u Justice Murray n dismissng
the suit 50 far as the westcheste- Racing Asso-
citation vas concerned. holding that there no
evidence connecting them with the acceptance Of
the BET Justices Freedman. Gildersleeve and
EacLesn heard the appeal The opinions we're
written by Justice MacLean and Justice Freedman.
II his opinion Justice MacLean says:
IN this action 70 recover money lost by the plain
I'll in BET with the celercant Iorpie on the
-acrr ass8ciat.or track. ar Norris Park she con-
recorded directly or indirectly with the associa-
much denur have directed verdict against Torpe.
as = was ION pE3Hea eng after a little Skin
SCui6. paid iu The money and lost the bet, and
there was really no evidence upon which to hang
The decision n Ruckrnan against Ritcher. IL was
charged that i The bet was mace as a representa-
i've q Peter De Lacy then me acton should nave
fu-,a- 5-ir,et F{ftcher II lpE5ea-s however that
81 $500 deposited by the plaintiff. various parties
The match had contributed So anG 10 complete
the stake lle hac furnishes 80 for "hlch after.
-fa.ueE al through. The suggestion that the real
party interest herein was one De Lacy and not the
plaintiff. was the sole excuse for submitting the
cas- 70 the Jury. This was not proved
Moreover. the legislature. IN its wisdom has ap-
pointed forfeiture Of money wsgere5. with recov-
q civil action. the sole sanction for the pro-
hih-C- u the constitution q gambling of this
sort -v declaring. in the same section Of the stat
ute cited thai upon race-racbs under the auspices
as is this OF tire State Racing Commission. this
ueraI-- forfeiture OF wzEers won Is exclusive
81 al other penalty prescribed by law for the acts
specified. 50 that on such tracks and on such only.
TIE operation Cf Paragraph - ~ the Penal code Is
suspended and betting on horse racing IS not, as
elsewhere throughout the STATE. public nuisance
and crime. 81 o. q wrong which the state notices
Injurious 10 the public and Furnishes in what Is
cs bed a. criminal proceeding in It's own name.
such O. segregation of practices called IN their
recognition contrary 70 good morals is not novel
rfnlEh wholly u this country i has been tried
and abandoned IN State OF the Union, and is said
tr be- iu vogue iu The Orient and elsewhere abroad
ae q less Dauaole occupation Whether such
Ts-Isi and limited suspension of a general law Of
Tic STATE legitimate CESSATION within the PROV
t--e Of a free government which IS to govern by
promulgated. established laws. NOT 70 be varied
81 particular cases. but % have one rule for rich
aid no~-. for TIE favu-fte ~ the count and the
---r---rrau ~ the plough, need rot he here cor
rlFrec