The sun., 1907-08-29
GAYEOR REYERSES DICKEY
ANOTHER TILT IN THE SEESAW
GAME or THE JUSTICES.


Justice Gaynor Again says the POLICE Must
Not Interfere with the Concy Island
"Disk Game" Calls Resrrest Of Lang
feldt Oppression and LswIessncss.
Justice Gaynor in the Appellate Division
OF the Supreme Court. Brooklyn. yesterday
again overruled Justice Dckey In the mat
ter OF the disk game" and continued the
original injunction by Justice Scudder
restraining the police from interfering with
the game as run by Alfred Langfeldt at
Coney Island. The injunction will be in
force until the final decision as to the law
fulness OF the game is rendered by the
entire Appellate bench.
Much interest has attached to the case
since Justice Dickey OF the Supreme Court
decided that the disk game 10 a form of
gambling and refused to continue the in
junction restraining the police from inter
ference. In his decision he said that the
character OF the game Ia tnsidious and
might lead many to cultivate q taste for
gambling who otherwise would never think
OF touching a deck Of cards
Justice Gaynor views the matter in a
different light. He says that any one has
a right TO lay wagers, and II the game is one
Of skill. ~ asserted. it can hardly be one Of
chance. On this ground he has reversed
Justice Dickey twice in the matter OF the
Injunction.
In his decision Justice Gaynor said that
II would be encouraging the police to OPP
press tradesmen for money IL they were
allowed to arrest and rearrest despite the
rebukes Of the City Magistrates. He char
acterized the repeated arrests Of Langfeldt
after . Magistrate had discharged him as
-scandalous and criminal lawlessness."
This decision is the second that Justice
Gaynor has delivered in the matter. The
first decision reversing Justice Dickey was
overruled by that Justice IL Justice Gay
nor is sustained by the whole Appellate
bench. the police say, it will mean that all
the summer seaside resorts may have disk
games and other games without fear OF
police interference. In granting stay
to Langfeldt the Justice said:
1T is not for the police TO make law or
defy the law Il is their duty to abide by
the law as declared 10y the courts. For
them to continue to arrest one for an act
which the duly constituted courts declared
not to be an offence IL crime by the Penal
Code, namely the crime Of oppression.
None Of us can have forgotten the ex-
posures by invest igation OF the vast sums
of money which the rulers OF the police
collected in very recent years bv this same
system OF oppression. To tolerate 1t is To
leave the community at the mercy OF the
rulers OF the police In corrupt times The
TOO good to collect extortion, but they
should beware Of setting an example and
precedent by which their bad SUCCESSORS
may collect extortion.
The plaintiff finally brought this action
for an Injunction.
-In the opinion filed no section OF the
Penal Code 10 specified as being violated.
And before me the able counsel for the de-
PENDANTS was unable to specify any with
certainty There is no gambling other
than the specific things declared 10 be
gambling in the Penal Code. There is a sec
ton prohibiting the keeping OF place for
betting on any lot or chance (Section 343),
but there is no such general provision in
respect OF giving prizes for games or feats
OF skill, such az running. jumping climb
ing poles. tossing the caber, throwing quoits
or disks, and so on. for which we see prizes
given at Labor Day celebrations. Scotch
games. county fairs and like occasions.
The giving of prizes for such things
has been deemed outside of the Penal Code
hitherto. and not interfered with
Let the stay be granted.