The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-07
RIVES ON RACEIRACk BETS.
LITTLE HELP TO STETNHARDT
IN FIGHT FOR POOLROOMS.
Corporation Counsel Says the Lawyer Had
Better Make q Test Case--AlsO Calls
Attention to the Percy-Gray Law
question as to Liquor Licenses.

The CORPORATION Counsel addressed
long letter to the Police Commissioner yes
terday advising him as to the law about bet
ting at the racetracks. 1t was in reply to
q request for advice from Gen. Greene
after Lawyer Steinhardt. Of Howe 4 Hum
mel, who is attorney for many poolroom
men, called his attention to the alleged
violation of the Penal Code at the tracks.
The letter in part follows:
The letter from Mr.. Steinhardt which you
inclose, states that it is notorious that very
large amount Of money ls bet at the racetracks
within this city: that the members OF the police
force are in attendance at such raoetracks.
and that accordingly these men permit the
Constitution and laws Of the State W be daily
violated. Mr.. Steinhardt makes the further
point that inasmuch as the Liquor Tax law
provides that no gambling shall be suffered
or permitted In a place in which trafllc in
LIQUORS is to be carried on under liquor tax
certificate, and as each OF the racetracks
apparently has q liquor tax certificate. tho
proprietors or managers are guilty or a mis-
demeanor.
You will observe that Mr.. Steinhardts
entire contention turns upon the assertion
which he makes that the betting that goes
ON upon the raOetracks within this city Is q
violation Of the criminal law.
Apart from Section 95l OF the Penal Code
YOU will find that Section II OF Chapter $40
OF the Laws Of 1885 generally known as the
Percy Gray Racing law provides In substance
that any person who. upon any Tacecourse
entitled to the benefits OF the act, shall make
or record directly any bet or wager on the
result OF u race shall forfeit the value OF any
money or property 80 Wagered, received or
held by him, 10 BE- recovered ~ cirI dchon
by the person or persons with whom such
wager Is made. ,
penalty Is exclusive OF all other penalties
prescribed by law for the acts specified I'm
Guiding, OF course. the penalties prescribed
the exchange. delivery or transfer Of a record
OF any kind whatever as evidence oftany such
bet or wager, or the subscribing by name.
initials or otherwse b Oh @ss Of "nntbey
person OF bet or wager. intended TO DO
retained by such other person or any other
person us evidence of such bet or wager.
The question whether the Liquor Tax law
Is violated IA not a matter upon which it ~
easy TO express any definite opinion. The act
prohibits suffering or permitting any gambling
liquor tax certificate ~ that IN when the
traflc in liquor is TO be carried on. or In any
yard, booth, garden or other place pertaining
thereto or connected Herewith.
Without examining the liquor tax certif-
cate granted to particular racetrack. II
would be difficult to determine, whether hh the
den or other place pertaining thereto or
connected therewith" Nor is 1t clear as n
matter OF law that making bets on the race-
track where no criminal liability is involved.
constitutes gambling within the meaning
OF the liquor tax law. w
1t cannot be doubted by any one who will
take the trouble to examine the statutes
and the decisions of the courts bearing upon
the subject. that it ia not a simple thing to
determine whether the acts OF which Mr.
Steinhard complains. do or do not consti-
tute in any Particular case a violation OF the
criminal law of this State.
Itseems to me that. as Mr.. Steinhardt states
that he Ia DESTROYS OF seeing the laws properly
enforced, his best course will be to secure
evidence OF some specific act which he Claims
constitutes a violation OF the law and to make
a complaint to a City Magistrate. warrant
can thereupon be issued for the apprehension
of the offenders. and the matter properly
decided in the courts in test case, which
will be far better guide to the police force
than any expression Of opinion on my part.
Respectfully G.. l.. RIvES,
Corporation Counsel.
Mr.. Steinhardt will find some difficulty
in making a test case which does not come
undo the Percy-Gray law, for bookmalers
at the track are very careful not to give
any memorandum Of bet. The letter
apparently leaves Mr.. Steinhardt where
he was before.