New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-14
JESSE IEWISOIN LOSES.
Jerome Gambling Les Consh
tut;0nal, Snys appellate DiUision.

District Attorney Jerome scored Il victory yester-
day. when the Appellate Division decided asains;
jesse I.ewischn. disniss!ng the writ OF certoraFi
sworn out by him after ne was found Gnil'9 Il"
General Sessions Of contempt III refusing TO answer
questions in the proceedings against Richard Can
field Justice InSraham. IN writing the opinion de
clares the bowling law constitutional in granting
immunity TO Witnesses who testify in gambling
cases. Tic also holds that it applies to cases &c
curing before the time Of its passage. Chief Jus
lice Van Rrunt and Justice Patterson concur with
Justice Ingrttun. ard Justices MclauGhlih and
I-aughlin dissent.
There is some speculation as TO the next move
in the ease. Ny Jerome declined 70 make d state
msnt.
Alfred Laucrbach. attorney fer Lowisohn, sad:
II FIVE justices OF the Appellate Division can so
diftef on me matter as to write four dintreat opim-
IN tee opinion OF others, it is most satisfactory
Of Appeais In the interest o: the pubic TINS law
shoEio be construed properly, ana this decision is
! have not carefully reed the decisions yet, and
viii he. but We win have an excellent case
IL the Court ot Appeals.
Commissioner McAdoo and Jesse Lewisohn were
both out Of town last night.
l-eWisohn subpCanaed as witness against Car
field before Justice Wyatt. Special Sessions. on
May IL. Asked if he had net played roulette III
Cartcids house At No. ; East Forty-fourth-st. he
refused 70 answer on the ground that under the
constitutions Of the United States and New-Yorll
State, he could not be compelled to incrimfoate
himself. lie again refused testify before the
grand jury That body then made a prescntmer:
10 Justice McAIaron. who convicted Lewisohn of
contempt OF court. and ordered him takea to I.ud-
lows. Jail. i-ewlsohn then got d writ, directing
he Court Of Genera Sessions to review and Ger
rect rs decision. Later the Appellate Division was
asked - take up the
III, In lisGTSFG n; the writ Justice Ingraham quotes
no person shan be excused from attending and
t.tlltlns before any court or magistrate, upon
fT any at he llr1-
NilS.onS OF ms chapter. upon the grounds or for
tend TO convict him of a crime or subject him 10
penalty or forfeiture but person shall be
prosecuted or subjected to a penalty forfeiture
tor or on accom- of any matter concerning which
II follows the justice maintains that if the an
49, 10 Questions asked cannot in any way be
provisions Of the Constitatiaa ere not violated
In concluding Justice Ingraham says.
Nv, We have come to the conclusion therefore that
{nS Gettor was bound 10 answer, that he was mo-
lIStined in disobcyins the order Of the court di-
properly punished for contempt. it follows that
he writ must be dismissed. and the proceedings
Justice Mclaughlin. in his dissenting opinion.
says
A cardinal rule relating TO the construction of
statutes Is that they ere not TO have retroactive
intent is expressed in clear and unambgnous
lords. Statutes designed to affect past transac-
for this reason that they are mentioned with ais
demned by the when brought under juGict,!
review.
II am right in the conclusion that this statute
does rot have retroactive effect. then the relaUr
was justified in refusing answer the questions
that were put TO him. For these ! think
charged.
Assistant District Attorney Rand was greatly
e!oted over the decision. lie said;
This decision opens the way for Canfelds ,ndict-
there VIII be further appeals by Iewisohn's law
yeTs. II such appeals taken as in all prob
ab!It| ihoy Will be- the proceedings aturaIIv Will
occupy some months. They may he heard be-
tore Christmas and there asurally would be no
cECiSltn until February March. From tho Court
or appeals II Is not ut al unlikely that the case
VIII be carried up to the United states Supreme
Court.