New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-29
JEROME HITS DIRECTORS,
AYERS MORAL LIABILITY.
Western Union Has Legal Right to
SerUe P0oIr0OmS.

District Attorney Jerome said vest trday that
although the directors OF the Western Union
Telegraph Company. men high in the social.
financial and Intellectual world. might not be
legally guilty Of compounding felony. on them
rested the moral responsibility for the con-
tinuance OF the poolrooms
1t is possible to conceive of the Western
Unions sustaining relations with the pool
rooms which would make it criminally respon-
sible" said Mr.. Jerome. 1T has perfect right,
howsper 10 sell its racing news wherever it
find customer, and the mere selling Will
not make it responsible. A might sell fur
niture to = den OF vice and commit crime.
and there are firms here in the city whose
whole business is the manufacture of gambling
implements It makes no difference for what
the buyer is going to use these implements,
the seller needn't inquire
This case iz not before ne officially, and
you need not put any hypothetical questions
to rne-too many conditions are involved here.
The legal point might hinge on the wording OF
phrase in an affidavit.
Notwithstanding az this, there is n moral
responsibility. and it rests with the directors.
Their powers Of supervision are such that they
can prevent the sending % racing news TO
pooirooms absolutely IL they desire. In other
words IL the directors believe a moral crime
has been committed as we'll as this question
able legal proposition, or If their moral sense
is acute enough TO enable them TO dispense
with the profits involved IN order TO prevent
this condition. no one doubts their power to
smut the gambling houses.
THE LEGAL SIDE.
They may be wholly free from every legal
liabjli;y Ike the man at the head OF large
corporation VINO wnks at big appropriations
for counsel fees. knowing that these appropria-
lions were corruption funds TO bribe legislators.
II they have the moral welfare Of the commu
nifty at heart, all they've got to do IS 10 send for
their super!ntendent and ask If their service is
being used in 800 poolrooms in this city. He's
not fool enough 20 continue the service against
their VIII"
Gould the company refuse to send message
containing racing news?" Mr.. Jerome was asked
Yes, II they knew it going to be used for
nlega! purposes" he replied. They could tako
away any instrument from poolroor1, and no
court I'm the land would insist on that service
being restored The complainants would have
20 go 20 a couT. OF equity, and the fundamental
principle Of equity is that the parties come with
clean hands. The City Club IS right in the
course st has taken. A criminal prosecution of
one or two mere employees of the company
wouldn't amount TO much but they saying
20 these directors the men highest IN the COM
I-unts socially, financially. intellectually: Are
you going 20 assist IN carrying out the will OF
the people. you high responsibilities. or will you
aid what the constitution and the laws Of the
State have defined felony? VIII you take
the high moral ground VIII you calmly blind
.our cyes TO the 1igfl: and take this money?
This is a cleancut issue-whether these men,
extraordinarily endowed with everything 10
make them alive 10 the Doint--are prepared to
stand for decency. whether for the money
they wilI remain passive. Not one of them VIII
cav shat gambling horse races In poolrooms
IS not wrong Here they have opportunity
which might not return in half n century. Take
Mr.. Jesup. president OF the Chamber of Com
merce, a wealthy man. prominent in Christian
work here for many years-what viii he do?
What win Mr.. schifr GO, who has been at the
head of a great philanthropic work and was a
prime mover IN the Committee of Fifteen, ere
ated 10 suppress gambling in New-Yorlt?"
WHAT DIRECTORS SAY.
OF the Western Union directors few could be
seen yesterday Mr. Jesup sent word that he
had nothing 90 say about the case. Edwin
Could declared ;hst he knew nothing about it,
and really had nothing to. say" William Lam
Bull. former president of the Stock Ex-
change said that he could not credit the state
ments made. that the company had any such
agreements with poorooms." AS a director Of
the company. he advised in regard to the fanan-
cial policy. said Mr.. Bull, and had nothing to do
Continued fourth psxa-