The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-21
Let Well Enough Alone.

Shall racing be abolished or utterly
suppressed in the State OF New York;"
Is the practical question now before the
Legislature of this State, where the so
called Cassidy-Lansing Anti-Racing bill
is urged for passage. This bill is ac-
lively supported by the Rev. WILBUR F.
CRAFTS and some other %olergymen, by
certain poolroom interests and by AN
THoNY CoMsTocK.
1t would seem to be the view of Mr.,
CoMsToCK and his assistants that per-
sonal liberty, freedom of action and
v~olition of the average citizen should be
suppressed; that the public should listen
to sermons and to the laudation Of
ANTHONY CoMsToCK in the daytime, and
be spanked and put to bed at ourfew,
and that amusements cherished by the
public should be i~nterdicted or at least
made felonious and criminal.
Certain olergymen were induced by
CoMsTocK on Monday to pass resolu-
lions In favor of the proposed new leg
is~lation, in which they denounoe the
existing laws as Shameless outrages of
the Constitution" Such talk is un-
truthful and silly. The racing laws,
as they exist to-day, are constitutional
and have been held to be constitutional
by the Court of Appeals after full and
careful consideration, and these racing
laws have received the general approval
of the people Of this State for the last
eleven years. In 1905 the State of New
York received from the racing assooia-
tions more than S19s 900.
The present Constitution of this State,
which took effect on the first day Of
January, 1895, in Section Q of Article L.,
declares: Nor shall any lottery or the
sale of lottery tickets, poolselling, book
making or any other kind Of gambling
hereafter be authorized or allowed
within this State, and the Legislature
shall pass appropriate laws to prevent
offences against any of the provisions of
this section"
In the Constitutional Convention Of
1894, which framed the new Constitu-
ton, when the subject matter of this
, section was under consideration, it was
moved to amend this provision by insert
ing a clause to prevent horse racing,
and that motion was defeated by the
convention.
AS subsequently pointed out by Mr..
Justice INGRAHAM: ct lie proper to con-
slider this action of the convention In
determining what construction they in
tended to give these words, other kinds
| of gambling
The makers of the organic law by this
provision conferred upon the Legisla-
ture the sole judgment Of what laws
were or should be appropriate to prevent
offences in the nature Of gambling.
Fresh upon the adoption Of this Con-
stitution In May, 1895, the people Of this
State, in their Legislature, and with the
purpose of complying with the consti-
tutional provision, passed four statutes
relating to the subject Of racing, which
are known as Chapters $40, ST., 572 and
573 Of the Laws of 1895. Chapter $40
is entitled: AN act for the incorporation
of associations for the improvement of
| the breed Of horses and to regulate the
same; and to establish a State Racing
Commission 1t empowered the Gov
ernor to appoint three persons to be
members of a State Racing Commission,
who should hold Office for the term of
five years, and no two of whom should
be members of the same racing asso-
citation, and it placed all race meetings
for running races under the control of
the State Racing Commission, which
was authorized to grant licenses, and it
further made all running races subject
to the rules and regulations of the
Jockey Club.
In Section II it provided that any per-
son who upon any race course shall
make or record any bet or wager shall
forfeit the value of any money or prop
erty so wagered to be recovered in a
civil action, and provided further that
this penalty is exclusive OF all other
penalties prescribed by law" Chapter
81 amended Section 343 of the Penal
Code, which makes it a misdemeanor to
keep a gambling and betting establish
ment, and Chapter 572 amended Sec
ton S5l of the PeDal Code, in reference
! to poolselling or bookmaking.
The practical effect of this Legislation
was to permit betting upon a race course
subject to the forfeiture of the value Of
the money wagered.
This vital Section II of the main rae
ing law, Chapter $40, subsequently came
before the courts for construction in liti-
cations inspired and furthered by PETER
DELACY of poolroom notoriety.
The Appellate Division Of this De-
partment, in a unanimous opinion rem
dered by Mr.. Justice RUMsEY and con-
Cured in by Presiding Justice VAN
BRUNT and Justices BARRETT and
! 0'BRIEN, decided in favor of the consti-
! nationality of Section II.
Judge RUMsEY, in rendering the opin-
ion of the court, said:
The duty OF the Legislature was to pass aapro-
pirate laws to prevent the offences aimed al. 1t
was for them 10 say what laws were appropriate
/ H.. ,b., nurnose md rhen thev bayp pXerrIsel