New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-22
TO FIGHT RACETRACKS.
BOOKSELLERS IN ARMS.
cru zone Lac for Belmont, An-
other for De Ldcey."

a, ,he poolroom pie yesterday, Mayor Mcclellan
-nopnc;pg that he was investigating the laws
-.,e-,ing racetrack bookmaking. Incensed at
-. crtpplng Of the poolrooms by the combined
- - the Police Department and the tele-
--o,b and telephone companies. the poolroom
- Yesterday determined to play Aesops dog
a. ,bA rnanEer. and if they could not make
,noots" in their poolrooms, at least prevent the
.u,o,,rrer. OF this prerogative at the racetrack
-. law Cor August Belmont and another for
- he Lazy was the burden OF their plant
"a .o-aav no poolrooms. racetrack bet
-. is their slogan. They will also fight their
o.,s To this end It is said tley are engaging
.r. highest legal talent
r,oolroom men declared that they would at
= hegin such a campaign against the race
-. people as will either effect compromise
- drive hOTseracing. like prizehghting, from
,h. state The booksellers Will also seek de-
a,s,o, in the courts on their position as col
,..,ors and distributors of racing news.
co,oneI Mcclellan was asked whether in his
,r,,op the campaign against gambling in the
-oolroor,s on the results OF the races ought to
:. extended TO the racetracks. The Mayor said
te favored the enforcement Of all laws.
sPut / have always understood" said he
,sbat what IS known a the Percy Gray Racing
,sr gives racing associations the right TO permit
SoOx [
Gov me nor the officials Of this city to state that
that or any other law is unconstitutional That
a. matter for the Court Of Appeals"
.sThen II may be said that you are looking into
che laws governing racetrack bookmaking?" ?"
was asked
eyes; I have no objection 10 that" said the
Msvor Il 90 not want TO be understood as
taking the Initiative in this matter l think 1t is
q case clearly for the Police Commissioner"
Article I, Section 9. Of the State constitu-
tion contains the following language;
Nor shall any lottery or the sale Of lottery
tickets poolselling. bookmaking or any kind or
gambling be authorized within the state
d When the Mayors attention was called to this
ne repeated that the question Of deciding
whether the Percy-Gray law authorized book
making at the track was matter for the Court
OF Appeals.
at is not FOR me as Mayor 20 decide on the
morals Of the law" he said.
It's understood that the constitutional nature
of the Percy-Gray law was affirmed by the
Court Of Appeals more than five years ago
Relying partly on the fact that they were not
actually taking bets on the races, the poolroom
exchange managers arrested in Fridays raids
will contest their arrests and the withdrawal Of
their telephone instruments. All have retained
well known counsel Under arrangements made
nv District Attorney Jerome with the city mag
tstrates. the prisoners in the raids were held in
the various police courts yesterday for examina-
tion tomorrow.
Nearly all the poolroon men rai6ed on Friday
were tipped on It Was said yesterday that
they we're 10 he arrested. According TO the same
report they made q show OF continuing business
as usual but on the advice Of counsel took no
bets Their lawyers were OF opinion, II is de-
clared that # would be impossible for the police
10 prove that the information distributed by
telephone was being used for criminal purposes
While in the event Of the telephone companies
hvng up to their promise to Commissioner Nc
Adoo these rooms will never obtain another
telephone it is asserted that it viii be easy to
hire the telephones under other names. The
police say that the room on the roof Of the
Edison Building was the largest distributing
centre H. the city. supplying not only rooms in
the financial district. but also in Brooklyn and
New-Jersey. It is the proprietor Of this build
ing, It is said. who has retained Ex-Governor
Black and Terence J. McManus, of his firm.
To preserve a discreet silence is the plan OF
the officials Of the New-York Telephone Com
pany.
In the absence Of ce-Presdent Union y.
Bethel, his private secretary declared that the
company had said its last word in CornFlis-
Eioner NcAdoo's statement.
How is it possible that exchanges which are
VIGOROUSLY dispensers Of racing Information are
hooked up on the central between the hours of
and $50 o'clock in the afternoon without the
company's cognizance of what sort OF business
Ia being conducted over the wires?" was asked.
That IS another Of those questions which We
cannot discuss" said Mr. Bethers secretary.
Colonel Clowry was out Of town.
How about the Western Union instruments
found in the headquarters at No. A. Broad t:'
his private secretary was asked.
Those were probably instruments that we
have not been able TO remove as yet. The fact
that they bore the stamp OF the Western Union
may also mean that they were instruments that
were 'swiped' It is not at all improbable that
this Is the case. We are through with the rae
ing business. and If any one says that messages
are coming over our wires he is mistaken. OIL
else the wires were put in without our knowl-
edge. There have been such things as leaks
Bat one thing is sure-we ourselves sent out hc
Information
We're you Indebted 10 the telephone company
Tor the location Of any one or OF all the places
which you raided on Friday?" Commissione'
@eAooo was asked.
wouldn't talk about that" he said. "Ir
'acl oculdn's talk about It. II would be i'm
proper for me 10 discuss Il. am on the firms
me and don't propose to tell the enemy what
an going 10 do or how / accomplish what
have doae"
=, ID the District Attorneys Office know ;ha
Aaese raids were to be nader"
would rather not say anything about that,
answered Mr. McAdoo.