The evening world. Newspaper, August 28, 1895, Page 3

SWEEPSTAKES ARE ILLEGAL, Judge Bischoff Declares Suc Horse Races Violations of Gambling Laws. PERCY ACTUNCONSTITUTIONAL A Broad Decision Rendered Which Makes Horse Owners Partici- pants in Games of Chance, THE CASE ARGUED AS A TEST. Facts Were Furnished by Prear- rangement Between Opponents of the New Racing Laws. Judge Bischoff, in the Special Term of the Court of Common Pleas, to-day handed down a decision tn which he says that the act of the Legislature of 18% for the establishment of a State Racing Commission, ‘in so far as it a’ thorizes and allows a recovery for ‘sweepstakes’ won upon a horse race, contravenes the Constitutional inhibi- tion against the authorization of any kind of gamblin The decision is rendered in the case of John C. Dudley against the Flush- ing Jockey Club. Judge Bischoff sa; “The plaintiff alleges in detail the terms and conditions under which @ certain horse race was run under the auspices of the Flushing Jockey Club; avers that the horse owned by him, duly entered for the race, became the winner and claims the amount of the ‘sweepstakes,’ to which, under his agree-; ment with the defendant, he thus be-/ came entitled, and which, upon de- mand, the latter had refused to pay.” | Benjamin Steinhardt, of Howe &| Hummel, argued the case for the Flush- | ing Jockey Club, He interposed a de-| murrer to Dudley's complaint on the general ground of insufficiency and on| the theory that the act authorizing racing and the incorporation of racin associations offends against the Con- stitution, which provides: “Nor ahall any lottery or the sale of lottery tickets, pool-selling, bookmaking or any other kind of gambling hereafter be authorized or allowed within this \Btate.” Bischoff says: ‘An act of the Legislature is to be supported gation arising from a mate of facts, such as that tn suit, by obvious :mplication accomplishos, fo far, & repeal of the section of the revined matutes, and as a result the plaintif'e (Dud- ley's) apparent right 1s founded upon an tntrac- ton of the constitutional provision previousty rot forth. After citing portions of the act the Judge continues: Here we have an express statutory recognition of & pecuniary interest in the resuit of he Faces as authorized by the act. Such an interest depending upon a chance of contingent ¢ in thin case, an intereat In “aweepstakes’’ abi ing the result of a horse race in which al the participants joined in furnishing the stake, 4id not heretofore exist in legal contemplation, Further, the owner of the winning hore te expressed to be entitied to the amount of this pecuniary Interest and the allotment of the stake Is required to be in accordance with the terms and conditions of the fi ‘The attempt Is clearly to legalize the wager. ‘The outcome of @ horse race depends upon chance; a contract for the payment of ‘‘aweep- ‘kex'’ {a yold under the statute against gaming, and every element of uncertainty and contin- gency of the event upon which the money is wagered or ataked Is present in much a case to bring the transaction within the letter and spirit of the word “gambling.” T conclude that the demurrer should de aus- tained and judgment directed for the defendant, with costs, The legislative enactment cited by Mr. Stetnhardt as being unconstitutional and to which he demurred {s known as the Percy-Gray act. While the case before the Court involved the right of the owner of a winning horse to the collec- tion of “sweepstakes” only, yet Judge Bischoff's decision is suMfctently broad to practically render inoperative the en- tire statute, ‘The case is a test, sald to have been built up on alleged facts by Peter De Lacy and other opponents of the new racing laws. A race was run on a half- mile track between a humber of out- lawed horses, without sanction from the Jockey Club and under _ circum- stances which, It {s belleved, rendered the participants Hable under the present law, apart from the question of the le- gallty of a sweepstakes, Tho Flushing Jockey’ Club is not a recognized racing association, — FOUND DEAD IN A YARD. A Friendle Probably Fell from a Window. Angelo Pape, stxty-three years old, an Italian, of 424 East One Hundred and Twelfth street, was found dead in the rear yard early thy morning. The po- lice when informed made a thorough investigation, but could learn nothing of the way the Ijalian met his death. ‘There were no marks of violence upon the body, He 1s supposed to have fallen from the window of his rocm, on the third or, The man was unmarried and had no relatives in this country. The body was taken to ile Morgue. Again the Destructive Trolley. Electric scar 502, of the Lenox avenue line, ran into the grocery wagon of Henry Schlute: 2082 eh years old, of 208 Second avenue, on the wagon at the time, was thrown out and recetved a scalp wound. He was attended and taken home. — Hart by Bursting Soda-Water Tank tn every instance, if pomble, and is only to be Geclared unconstitutional when ite language plainly precludes every reasonable construction other than it was intended by the enactment to fnfract the organic law. Indubitably, however, to my mind the statute ‘under consideration recognises a contract obil Shortly after 11 o'clock this morning @ soda- water tank in Koch's soda-water factory at 415 ‘Washington street, Hoboken, Cordes, twer Feo yeara of ag ington’ street, tank, was badly hurt about the legs and head by pleces of the tank striking him. He will THE WORLD: RACE REPORT FROM BALLOON, To-Morrow's Contest Will Be Described from the Airship. TOLD OVER SPECIML WIRE, One of Two Races to Decide Upon the Cup Defender. HIGHLAND BEACH THE SITE. An Operator-Reporter Will Tick Off the Fliers’ Movements from 1,200 Feet in the Air. To-morrow, wind and weather per- mitting, the Iselin syndicate single- sticker Defender will try to defeat George Gould's Vigilant in a twenty- mile race off Sandy Hook. The contest {a one of two to decide which filer shall have the honor of defending the America Cup against Lord Dunraven's Valkyrie 111. “The Evening World” aeronautical re- porter will again attempt to repeat the success of last week in describing the race from a balloon. ‘The balloon will be sent up again from Highland Beach, twenty-five miles from the Pulitzer Bullding, and will be in direct communication over a specially |constructed land and water telegraph line with “The Evening World” office. The pictures accompanying this article are reproduced by “Evening World" pen sketchers from instantaneous photo- | graphs. They show the balloon at an | altitude of 1,200 feet, where the reporter is busily reporting the race, and later, after the race {s over, when twenty WEDNESDAY EVENING, AUGUST 28 ALL ALONE IN THE CLOUDS. “The Evening World" reporter looks lonely, but he ts 80 busy watching and telegraphing the manoeuvres of Defender and Vigilant that he has no time to The balloon is about 1,200 feet from the earth, H the fate of crave human companionship. He will be perched in the same e the America Cup is settle evated spot every ra Ing day un COMING DOWN AFTER THE YACHT RACE, lusty beach and surf men are slowly pulling the balloon down. a —— Knocked Down by a Cab! Peter Warren, Car. of Ashland, Pa, while cross |ing Third avenue at Ninety-sixth street last night, was hit by @ cable car and bed his right knee fractured. He was removed to the Harlem Hospital. ———o Fell Five Stories and Lives, Mose Goldberg, 3 yeara old, of 101 Forayth street, while playing on the @fth floor this morning, was seriously hurt by falling through the alr-shaft to the cellar. He was taken to Probably recover. Gouverneur Hospital. 1895. OLD JUSTICES KNOCKED OUT, a | Justice Stover Decides Favor of the New Special Sesstons AGT OF 1895 19 HELD VALID, 1D} \ Old Police Magistrates Had No Legal Right to Sit After June 30 Last. [THORNTON'S CONVICTION VOID. \"Test Man's” Enforced Confine- ment in the Tombs Clearly Be- yond Ex-Judges’ Powers. [best diction rested in then terminated at midnight June 30. In the meantime Thornton was committed to the charge of ex-Justice Hogan, Justice Stover says the old Justices had no right to hold Thornton in their custody, Even if his conviction was |legal, his committment was to the city prison for ten days or until his fine was pal, Such a favor might have been granted Jat the prisoner's request, but it could hardly be forced upon him against his will Justice Stover adda the case might have been decided at this point tn the writ of habeas corpus as to the proper detention of Thornton; but In order that unneecssnty proceedings may not fur- ther complicate questions of such {m- portance to the administration of erim- inal Justice In che city, he deems it to pass upon all the questions valsed, including that of the constitu. tlonality of the act The eld Justices relied upon that pro- vision of the Constitution which de- res that “local Judictal officers shall hold their offices until the expiration of their respective term Thelt terms as Justices expired at dif- nt times, varying from four to nine and they claimed the Legislature ould not abolish thetr offices until they had served their full terms, On the other hand, tt was claimed that the term of orice cannot continue longer than the office ftself, and that the Legislature, having power to abolish or destroy local courts, the terms of the incumbents thereby minate ter- Justice Stover, In the Supreme Court Jto-day, handed down @ decision afirm- ing the constitutionality of the act of the Legislature In ereating the new Court of Special Sesstons, He also finds that the Legislature had the right to add to it or take away from the Jurisdiction of the old Police Justices, and to ereate a new court du clals, Justice “it Hows t the act of 1895 was a valid exerciae of legislative powers and that the term of the Police Justices of the eltv of New York was thereby end. sy the Incumbency of the old off Stover sa. ed, and that the respondents (the old. Justices had no power to act as a Court of Spectal Sessions subsequent to midnight of the th of June, 1895, that the relator’s (Th ton's) conviction was vold; that he is still Hable to be tried In a Byer upon the charge, and show anded for trial in the Specl The decision ts rene pd in the case of Thomas Tt om against ex-Pollee Jus- | tices Hogan, Meade and Feltner, ‘Thorn- j ton wa ted on a charge of assault In the ree June He walved examination and elected to be tr Special 8 The case was called June 2 and ad- fourned by the Justices to July 1. The Justices went out of office June 30 and the adjournment was made to one day late for the purpose of testing the feonstitutionailty of the act legislating them out of oftice. Thornton was tried July 1 and fined |$10, He obtained writs of habeas corpus The race ts over. ‘The reporter then requested the telegraph | and certiorari und raised the point that operator stationed on the ground, 1,20 feet under the balloon, to have the | his conviction was voll for the reaon balloon hauled down. Twenty men grasped the main guy rope and pulled the | that the act of the Legislature creating balloon slowly downward, Seven minutes later willing hands grasped the car | the new Court of Special Sessions also and forty minutes, nd helped the reporter to alight. Boys’ Clothing. @4 floor—New Building.) A Clean Sweep on Thursday. ® 2.108 Suits, FA) All at $1.88. Broken Lots—no matter what former prices WERE or actual values ARE—must be CLOSED OUT ON THURSDAY, Thousands of people know from personal experience what our Thurs- Bizes, 4to ld yrs. day sales mean, Splendid School Suits than Ono-Half Actual Value. made of the cele- Cassimeres—Manu- on every garment. At Le LOT 1-769 Suits, brated “Victory” facturers’ label Colors, brown, gray and slate mixtures and plaids; actual 50 to $4.00; price, 8 4,88 THURSDAY at......... LOT 2.—3% Black and Blue all- wool Cheviot Suits; never sold at less than $3.50; THURS- DAY at. LOT 3.—212 Fancy all-wool Chey- fot Suits, in brown mixtures; 'THURS- 1.88 worth $3.2 to $4.25; DAY at. 1.88 LOT 4.—7% Suits, made of fancy Wor- steds, Tweeds, Cassimeres and Home- epuns — neat stripes, checks and mixtures, all shades; values 1.88 $2.98 to $5.00; THURSDAY..... “ Sale Thursday Only. . (See windows 60th st, corner.) NO MAIL ORDERS FILLED. Extra salespeople in attendance, NOTE.—The schools open shortly. The beys must have new THURSDAY IS THE DAY Tu B THEM. No matter whether you live in the city or in New Jersey, Long Island, Connecticut, up the Hudson—it will pay you to buy here on Thursday. Thursday, Sale of Boys’ Hats and Caps on 24 Floor. 2,000 dozen Yacht Caps, with gold an- chor, worth a6, at 18c. 2,000 dozen Boys’ Navy Blue Cloth Cadet Caps, 24c. 1,000 dozen Yacht Caps, with em- Droidered gold or- nament and broad gold band, worth Te., at 29c, On second floor, School Handkerchiefs, Handkerchiefs for Boys and Girls, good, ‘strong Comibric or Lawn; for boys, white and colered border, hemstitched; for girls, white hemastitched ‘and embroldered, colored bor. der, at eenee SVSSVOSVSVOP $ Lunch Room Special. For the greater convenience of pa- trons who come to the big Thursday Sale, we will pre- pare a special bill of $ fare in our commo- dious Lunch Room, 6000000000 ‘SOOOOO888' 6000000080 88808: School Aprons, Commencing to-morrow we will show our new and very pretty line of Chil- dren's School Aprons—all at very mod- erate prices, A very dainty little one is made of lawn, trimmed with embroid- ery and lace edge, all sizes, 35 wide 4 to 12 years, at r 39 Also a very pretty cross bar with ruMfe around neck edged with lace, 4 and 6 years, 35c.; 8 to 12 yea ogee School Hose, 15¢, Hose, 5c. Misses’ and Boys’ 2-1 Ribbed Fast Black Cotton Hosiery, sizes 5 to 9, have been selling all through the sale for 15c., 05 to close at...... 25c, Hose, 10c, Misses’ and Boys’ fine ribbed stainless Black and Russet shades, guaranteed full regular, sizes 5% to 9; M. 10 & C. Mayer's wholesale price $2. per dos., at..... Children’s 35c, Hosiery, 15c. Children’s fine quality two-thread Cotton Hos- lery, French ribbed, high spliced, In stainless Black and Russet Tan shades, full regular, price was 8c, for 7 inch; all sizes... 5 24-in, School Umbrellas, 39, t Manufacturer's Entire Stock h Gloria, with fine hard- 39 English Gloria, with selected . hardwood handl or Extra Englisy Gloria, with im- ported hariwood handles.....++ GREATER NEW YORK’S GREATEST STORE. Po OWN 3% AvE5S = 6 Lead Pencils, 1c. Dozen. American Cedar Lead Pencils, 01 per doz. ’ Best Cedar Lead Pencils, with 04 inserted rubber tips, doz, : Highly polished Bloomingdale Lead Pen- cil, nickel tip and rubber 01 Crayons, Sc. per Box. cial for school sale at, eac! 03 ‘White Crayons, per box 144 pos. Artists’ Drawing Pastels. Artists’ Assorted Colored Pas- 0 tels, 3 In a box, per box. 01 Pencil Boxes, 8c. Over 100 Styles to Select From, Solid Oak Sliding Pencil Boxes 03 OUR GREAT LEADER. This hard- wood Oak Pencil Box, with lock and key, containing ruler, pen and holder, slate pencil, lead pencil and chalk, never sold for less than l5c., duri 05 a the School Sale ONLY, complete somely decorated....., » 06 Japanese Pencil Boxes, hand- Steel Compass, 1c. Nickel-Plated Pocket Pench come pass and Point Pro. tector, 6c, y Last Days of the Sale. NOTICE.—This will be the last week of the big Sal . Every odd lot is to be sold this week, Every broken lot is to be sold this week. Every article in the entire immense Stocks must be sold this week. It's a big contract. It will be well done—you and we and the prices will do it. New, timely, welcome—the big School Btocks. Read about them in these columns. Early selections are best. Choose early. Slate Pencils 1c. Box. Blate Pencils, covered with flag paper, 6 in a box, per box.. Wooden-covered Slate FP OB. Sharpened Slate (sharpened), Bes: per box of 100. per nels Pencils, School Slates, 1c. Bilicate large rize, Best Lehigh Slates, Best Noiseless Bound Slates, each, 5c. Best _Notseless 10c. Book § pages, 5c 01 Clown. Cloth- Bound Double Slates, each Slates, each, Pencil Sharpeners, le. Improved Yead or Slate Pencil Sharpeners, each, Other each, Pencil lc. Bhar peners, 7c., 10c. School Text Books, A complete assortinint of School Text Books as used 1) colleges and public schools, vyry much less He had been in the cloud region two hours hom ine pow abolished the eit Justices, and wh Justice Stover holds that the Court of clal Sessions is an inferlor court of Al criminal jurisdiction, created by » Legislature, and there can be no doub* ‘hat the Legislature had full power to create and destroy courts of special sessions, to Mx the terms of the officials who should constitute the court, jand to terminate the existence of the court Itself at will | Any other construction would seem, jin Justice Stover's opinion, to render Ineffoctual the very. provisions af the Constitution Itself which had conferred the power on the Legislature NEW YORKER KILLED. | Rolling Rock Crashes Into a | orndo Midinnd Train. | BUENA VISTA, Col,, Aug. 28.—A roll- ing rock struck a Colorado Midland pas- senger train near Irish Rock, wrecking baggage and smoking cars, | F. J. O'Connor, of New York, sald to e been a prominent banker of that was killed, and J. W. Ritchie, of Kansas City, Mo., and Thomar Hoestler, of Dayton, O., badly injured. A trick pony valued at $1,600 belonging to the Fay Clreus Company was in the | baggage car and was Kill | O'Connor wan standing form at the tme of the accident, 8; 1c No banker by the name of F. J. O'Connor is given in either ,the New | York or Brooklyn Directory Suicide of Playwright Raman. | PARIS, Aug. 28.—-Hippolyte Raman, the hag | hooting himself with a revolver. Despondent and Killed Himself. Menry Miles, a Brooklyn, whil ackman, of 640 Union atreet, deaponient through lack tty of the acid was ly: on the plat- right, committed sulelde last night tonight and ‘A broken bottle SEVEN STORIES, Edward Hatchings Dashed to: Death on a Third Avenne Sidewalk, DUT OF EMPLOVMENTAND IL From All Appearances It Was « Deliberately Planned Suioide, EVERY BONE WAS BROKEN. Large Crowd Witnessed the Here rifying Spectacle of His Crushed Body. Edward Hutchings, of the Lorene flats, 200 East Twenty-seventh street, fell or jumped from the cornice of the , seven-story bullding in which his flat is located to the sidewalk in front of Pearsall's house-furnishing store, 300 Third avenue, at 11.20 this morning. He was instantly killed, Hutchings had lived in the Loreno flats eleven years, He was fifty-four’ years old and lived very happily with hig wife. They had no children, For twenty years-he was in partner |ship with his father, Edward W, Hutchings, in the furniture business in Fourth avenue, George C. Flint Furniture Company, in Twenty-third street. For two months he had been out of employment and iL This morning he waw tn til humor sald he was going to the roof, % jelevator man who took him up to the roof garden saw nothing unusual im. his appearance, In a few minutes body came flying through; the air om | the avenue ride of the house, ‘There is a cornice five feet high the avenue side of the roof impossibility of having fallen o | this cornice ves rise to the that he committed suicide. Nearly every bone in the man's was breken and the head was ci tn on the left, aide. A big crowd collected and there wae much excitement. The moved to the undertakiny of J. Aldred é& Son and tl notified, Hutchings was a tall, f military bearing. the war, a member of L vening World” called at the house, Mrs, Hutchings was in violent hysterica and was being tended by two of the neighbors, and. 1% was Impossible to obtain any {nformae ton from her. Hutchings leaves a mothei years old, and a mi His brother, Charles Hutchings, is | the furniutre business in Twenty-sevent® street, near Fifth avenue, ‘LEAPED OR FELL © Of late years and up to two months, ~ ago he had been: employed by the ” id dale of G ers oF e Penholders, Le. Dozen, A whole dozen Venhold- TH St= School Shoes. 1c. Big Sale of Boys’ and Girls’ Palithed Pehold: School Sh si No other article of wear receives the 1c. | hard Knocks and rough usage that the yy | school shoe rece Composition Books, Bo. | “rvvrs" shoe orevea at ans sate ts solid throughout and warranted, All aE poompiete Une OF) spare purehaaea previolls to the forma- Te d, Un! 5 « of the her Trust. on & VM MH worth double the price asked, Wy He: LY, YU GY MY Uf . pagee,. (oT Students’ Note Books 2c. | $1,839, worth $2.00. Standard, Union, v*) pairs, youths’ sizes (1 to fine Unite Btates and Satin aif Lace Shoes, with dou stand two extra half soles, made Par izes (il to 2, full lard size Pr r sine 1 e size V Bergder shod | Bchool | prices, Pads--Tablets. Desk s, Mum tr nf the 15, By sheets melled Er Bpors above, every article for | ‘ean be found in our extensive | upply Departmeat at lowest Popular Sponge and Box, 1c. Hoxes, com with Sponge, But heavy # wr 1,39 $1.09, $1.75. mn Bhoes, Metal =e 2,200 pairs Miss Lon ja Button Shoes, wes 11 to 2, spring heely, with | patent ieather too-cana, widths 4 ()Q) Dand E.. fereereerery e 1,8 pairs Children’s Dongola Button Bhoes, sizes § to Ws, spring hee! with patent leather toe-caps, widths D and E (worth dou- ble) vee . 98 oleae ee aes Lunch Room Special. For the greater convenience of pa- trons who com> to » big Thursday Sale, we will pre- pare a special bill of fare in our commo- dions Lunch Room, $B2OOO8O8S88888 Fine Lawn Figured Wrappers; have sold thou now . ands at $1 | $1.00 Wrappers, 59c, Lot of Fino White Lawn, Wat- u back, rue embroidered; been $1.00., nay | Boys’ Waists, 19c, Outing Flannel and Cambrie, box plated, 10c., eo, | : | Wash Waists. Closing out the balance of our stock Waists, with laundered collars and cuffs, at 30 SILK WAISTS at 1.33, 1,65, 1.08, An opportunity to secure very great bargains, | Underskirts, 35¢, | Underskirts of striped gingham, | deep rutte . Fine Moreen pkirts, inch ruffies, at 1.08 and Girls’ Dresses, 49¢., 69¢, Girls’ Dresses for school wear, sizes 4 to I years; rota at 4 4 and 8 wi) doz, Baby Dr pretty styles, at ttc ‘$1.00 Slippers for 24c. | ee 9 33! 69 2.08 30 2.20 69) 9, Folding-Bed, $7.98. these Solld Oak and Mahogany fints Folding-Beds at a great deal lese cost of man+ ufacture; never sold less than $14.00 or $15,005 this lot at $7.98. Think of it, $7.9%_ Bee ft. SPECIAL EXTRAORDINARY, NOTE WELL—All Carpets purchased during. thin sale will be MABEL EARS and WADDING LINING furnished FREE of charge. 79 Tapestry Brussels, 4.5¢yd, | Remember, these are worsted, and \ mold usually at 75c. per yard, An elegan* Une of Linoleum, laid, a . Sale of Smyrna Rugs, Extra quality Smyrna Ru fully fringed, 18x36, worth $1.25, our price, 21x45, worth 1.75, our price, 26x54, worth 2.75, our price, 20x60, worth 3.50, our price, 36,72, worth 5.0, our price, 2.07 48x84, worth 8.50, our price, 4.87 | AGreat Purchase of the New White Damask Quilts. A manufacturer of White Quilts sold us his surplus stock of the new Damask Quilts at half price. The new Damask Quilt ts now largely used in prefer ence to the old-fashioned Marseilles; costs more to make and {s far superior in every respect. These, however, have very slight imperfections, but you will need a strong magnifying glass to find them, Yet, in- stead of $5.00, that Is the rea~ son we are enabled to sell 2.39 them at These will be piled on centre tables in our Quilt Department, and several |extra salespeople will be in attendance, 59c, Linen Scarfs, 19¢, Art Material Dept, 2d floor, Manufacturer's entire stock of heavy Momie Linens at less than half price, 60 dozen hea’ and Men's house or bath- pure Linen Tray room Siippeck (see cuy. A most us Coverg, | 1SK2T By | ful house shoe: can be Worn with great | comfort; 1} sizes made tn . i. rkish, Tapestry and Bre Heavy pure ith © Momie Lines | tebe patterns, with carpet 24 Bore, eee | soles; worth $1; per palr.. 16x54, Value 45c., | $8 Eyeglasses, 69¢, | Silver Eyeg.asses and Spectacles, finest never rold for less than quality Silex Crystal Lens: | $5.00 pair, at | 4» 69c. y pure Momle Linen Bu- reau Scarfs, knotted fringe and open work, 16x54, value 6c... Heavy pure Momle Linen Bu- reau Scarfs, knotted fringe, open work, 16x72, v@lue Te... ty of latest Stamped—large vi agus £ We have secured a limited quantity fet Pi The Greatest Carpet Sale on Records eeccocscees (arpets, Rugs and Linoleum,