MEAN NO FOR* THE BUSY MAN. - Chronicling America · Sol win. he goes to the bookmaker's cashier,...

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STATUE OF SHAKESPEARE AT SAME STATUE OF SHAKESPEARE STRATFORD-ON-AVON. IN MODERN DRESS. NEW-YORK DAILY TRIBUNE. SINDAY. .IVMARY 5. 1W». FOR* THE BUSY MAN. State of New York. No disrespect to his office." The police court f«raaka" of this -.peculiar In- dependence Day were asked in eat IVcase \u25a0\u25a0'••'\u25a0« they bought the liquor , th.at had brought about their arrest, While most of them \u25a0••• affidavits Bfvhaj the addresses of the saloons ann the num- ber of drinks they purchased in each place, it is on record that of "fifty men and women" charged with intoxication in Jefferson Market Court rvery one said he or sho "bought It in New Jersey, or had forgotten where it was bought, or had re- ceived It from a stranger." CONSTITUTIONALITY TESTED. There resulted a number of arrests and convic- tions, with finally a cessation of prosecutions until the Court Of Appeal could pass upon the consti- tutionality of the law. The first eaaa to reach this court was that of James (5. \u25a0Tjrhhasasaer. or Buffalo He had been convicted in the lower courts of violating the law by selling "a K IU each of rum brandy. gin. wir.e, whiskey and strong hcrr." and had been sentenced to pay a line of m Evidence that he had poJFsessod the liquors "before and on Jiily 3 1855." was objected to by the prosecuting attorney of Erie County, and the objection had been sustained. It was on this point of possession thai the case was lakes up to the Court of Ap- peals. On March 25. IK*, five judges of the Court of Appeals reversed the decision and pronounce,! the law unconstitutional. There were three Jo**** of 1 dissenting opinion. Judge Geor F. Comstock, who wrote the majority opinion, said that he was cognisant of the abuses of alcohol, and that "the people of this state can dispense with its very existen~e not only without Injury to Iheir negre- rate Interests, but with absolute benefit." He added that other articles mißht be named of which the snme micht be said. Nevertheless iiauor was property and by its seizure under the law persons would be deprived of their property without due process of law as contemplated by the Constitu- tion. \ . . "If such arguments," he continued, can be a.- lowed to subvert the fundamental Idea of property, then there Is no private riant entirely safe, be- cause there is no limitation upon the absolute dis- cretion of the Legislature, and the guarantees of HISTORIC CHARACTERS IN MODERN DRESS. (Copyright, 1907. Bf <Her%e, Newnes. LJmited.) STAT'JE OF OLIVER CROMWELL SAME STATUE RECLOTHED AS A AS A ROUNDHEAD GENERAL. MODERN LABOR LEADER. THE LAND OF PARADOX. Chiiui i* the land of paradox. If it is an abso- lute, despotic monarchy, it Is also a very demo- cratic country, with its self-made men. i'< powerful public opinion and a "states* right*" question of Its own. It hi one of the most cur- rupt of nations; on thr other ham!, th« standard itf personal ami commercial honesty is probtibly higher in China than in any other country la |he world. Woman in China. I=l made to serve; h««r status is bo !>w that it would b«» discour- teous even i" «.sk .i man if he hits a daughter: y, the ablest ruler china hie* had in many cen- tartea is a woman. Itis a land where the women \-..i- sot'iis and ireaaeej and the men wear vt'ocking* and robp*; whore a man shakes hi-* own hand, not in--, where white, not black. L-* n flkii of mourning: where the compass points youth, not north; wht-re books are read back- ward. m>t forward; where rtHtnes and titles are i«tjt in reverse •>rdcr. as in our directories— "I e-.*!or»» Rocflrvelt « ou'd b.- rtt»osev*>lt TT>«*«- ••\u25a0•ft' i:j <"*un.i. 1/aclQ liaro WOUJd *»" Sam Unc!t*: v^.trf- f'.''.>'ll*r.< ar» written tir^i''* 1 doivn. as S-i. but S-i: » w it ... bitterly at her v tUdlns «>»'• " man laughs \*. Vtra he \u25a0 ..a you of lila UU1...-I'a death. Success. Historic Characters Look Odd in Modern Clothes. <ropyrisrht. 1907. by Georg* N»wne*. Lirnltei.) As Carlyle has shown, the glamour of history owes not a little to costume. Our conception of th» characters of such men and women as Richard Ccenr de Lion and Joan of Arc, Henry VIII and Queen Klizabeth. Shakespeare. Mary Queen of Scots and Charles I. Cromwell and Napoleon, must be very largely influenced by the garb in which, through the medium of picture, print and statue, they hay» become familiar to our minds. What kind of Im- pression would thrs-» illustrious personages maki- in the costum. 1 of the present day? How would the distinctive qualities with which, they are cred- ited express themselves in such garments as they mi;;ht be expected to assume if now living? It la an interesting qurstion. to which an artist h:».a endeavored to supply the answer. The figure of Shakespeare undergoes a most striking transformation by being clothed with t!.e frock coat and top hat in which we can imagina him entering Hi» Majesty's Theatre or the Athe- aasaa Club. In this garb it must be confessed \u25a0-.« looks much more the fashionable dilettanti than the ma:i of intellect. Shakespeare's hair is. sj course, the physical feature which assorts least well with his present day costume. The amp:* growth of hair upon the head, however, which la mainly responsible for the suggestion of sesthetlcisin, had no such sisniricance in Shakespeare's time. Every one th« n wore the hair lon>c. except the ex- treme i'urtt;in?. Shakespeare 111 this matter merely personifies the normal custom of. his time; to-day it gives him the distinguishing mark of the author or the artist whose work, as a rule, fa!!» far below his pretensions. It is not so »•;>.<>- to a*si«n his twentieth century part to that man of iron will— Oliver CBaBBaofJL But certainty, from the tailors point of view, Cromwell has his political parallel at the present day in a labor leader. Cromwell's features its- suredly lose little of their dominant strength as tiie result of this chansc of costume. The sculptor has taken a little artistic license in his arrange- ment of the hair— although Cromwell was literally not so much a Roundhead as some of hi:* colleagues and the loss of his lock? in the second portrait certainly does not weaken th? face. The umbrella m the place of the sword ha*, of course, a m<xi- ern. prosaic look, to say nothing of the trousers aa a substitute for the soldier's leggings. But these details arc forgotten when we turn to the face and discern its quiet power as the man, having just re- moved his hat. is about to address— we can imagine —a meeting in Hyde Park. Yes. Cromwell as a labor leader looks as strong a man of action ao he proved himself to be in soldiering: anil states- manship.—Strand Magaxine. THE SAME AXD YET— abmtt ehu.-»l to th» total valuation of th» trftck» themselves. Would all this rich stream dammed up If. betting cca^d? Officially the Jockey Club do»« not.' recognise the bookmaker^ <\u25a0 - "layers," * m they ..-" also known. ''\u25a0'-.-< do** not mean that tie Jockey Club does not know that bettlnsb' going on. The betting ring is presided over by John 'n..~h He occupies* » unique «H»Cf . It ... his duty to decide all point* of dl?T>renc« featMNSa bookmaker and bettor, or "player," as he is known in the parlance of th* turf. HOW THE BOOKMAKERS WORK Th" bookmakers are seated on stools, doubr* rows of which circle a bis; inclnftur*, generally under the grandstands and field stands of the track*. Kach bookmaker has a cashier, a shoot- writer and on» or more runners. w...> furnish him with the trend of th" betting. Th" book- maker holds a small slate In his hand en which are the names of th«« horses, their jock«ys anrj the odds he Is willing to speculate on against the Judgment of the bettor. The player thinks King So! will win, or at l»a*t finish second. 80 he walks up to a bookmaker who has 5 to 1 to win. 2 to 1 to finish second, chalked ma against Kins Sol. The bettor says "King Sol. $5 straight and $5 place." The bookmaker call* off the bet and the sheetvvrlter puts it down, with the number of the bettor's racing badge, or his initials. The player gets no receipt lor his $10. After the race is over, and should Khar Sol win. he goes to the bookmaker's cashier, shows his racing number, and collects $35 m addition to his original $10 Investment; if Kin? Sol was second he gets $10 and $."» of his original investment, having lost his first bet. Th» bettor MM« implicit f«ith in the bookmaker's h«n-sty. ami.hp is rarely or never defrauded. Suit one betting is prohibited by law at th« racetracks. There is no power under the sun. many argue, to prevent betting '• " word of -. mouth. A bookmaker could stroll around the lawns and accept bets "on the nod.' to be set- tler! aflat the races away from the tracks. Th£» would be an adoption of the time honored method of the English racecourses. There ths racegoers of prominence belong to Tattersall'a or two or three other betting clubs, each of Which is a clearing home for wagers. Book- makers are the governors anc! betting men the patrons of each club ring, the customers making their wagers by word of mouth. If a recognized layer of odds maintained an office In this city where he transacted business with his clients on a basis similar to that on which the Wall Street broker gives or receives balances out- standing between his customers and himself. It is argued that he v.-ouM be doing nothing- that is illegal. The occasional visitor to the track who desired to place a bet would have considerable dif- ficulty under thai system. But this is a point on which the racing authorities and Governor Hughes probably come close to being In ac- cord. The Jockey Club would undoubtedly vcel- cone any arrangement by which the chief ob- jection to racing was removed the fact that men and women gamble on racing- and are tempted to speculate when they cannot afford to lose th«» money they wager. There are few who do not admit that the sport would be benefited by the absence of this class of peo- ple. The casual bettor who knows beforehand what he can afford and 13 prepared to lose could, under this system, go to the office of a bookmaker before the races, deposit that sum with the layer before starting for the track and then bet with the bookmaker at the track to the limit of his credit. This system would per- haps violate no law. On the other hand, many objections to It could be raised. The "welcher" would have an opportunity to defraud the bet- tors, the bookmaker could quote odds far below what they should be and the few chances of success now In favor of the bettor would become even fewer. If betting Is eliminated will hore^racins; go on* The majority of racegoers say it will. Th« "sport of kings'* has taken too strong a hold on too many Interests and has too many tradi- tions behind It to die. Those who could see below the surface said at the time that the Cassidy-Lansing measure was in the interests of the poolrooms. It was openly charged that it had the moral support of a certain poolroom clique, headed by a man who might be called "Mr. D." He tried to force the Jockey Club to concede to him the exclusive privilege of sending out the news of the race- tracks to the poolrooms of the country. Force can't gain much from the Jockey Club. He didn't get the privilege. If "Mr. D.'s" de- mands had been granted he would have had a piece of every poolroom in the country: for without his consent no poolroom in the country could have obtained any information. When the service was cut off from the pool- rooms it became a great problem for them to get information from the racetracks. All kinds of schemes were tried. High towers were built outside the tracks, and men with powerful field glasses read off the results of the races and hurried then to the poolrooms by means of the telephone. One of these towers was torn down after it had served one day of usefulness, and others had their views shut off by screens. Then the heliograph was brought into play, but it was not a success. Rooms were hired in houses overlooking the tracks, but they failed to serve their purpose. The poolrooms have had a hard fight and they certainly haven't ha.l the best of the argument with the Jockey Club. Now suppose a new bill should result in the suppression of liorseracing in New York State: what would happen? This is the side of the question of those who say "Stop betting and aoraeractasj will die." The jockeys are the. highest priced racetrack employes. In round numbers there are three hundred of them em- ployed in various parts of the country, the bulk of them in this state, during the racing season. Their aggregate earnings in salaries and teas are close to SCOQ.uOO. Then there about two hundred trainers, with a total earning capacity of nearly $200,000. The various racing asso- ciations employ fully live hundred person?, and the services of these men cost, say, $1,000,000. The bookmakers have big payrolls. There ale probably one thousand clerks, costing $2;ooo.o<H\ Then the stablehandg must be considered. Five hundred of them at a total expense of 5300.000 would he a fair and conservative estimate. There are fully three thousand thoroughbreds in train- ing. They arc worth about 51,500,000. VALUE OF RACING PROPERTIES. Here are the racing associations in the state under the control of the Jockey Club and the estimated valuation of the properties: The West- chester Racing Association (known as Belmont Park), $3,500,000; the Coney Island Jockey Club (known as Sheepshead Bay). $4,000,000: the Brooklyn Jockey Club (known as i;rave«ond >. $2,500,000: the Brighton Beach Racing Associa- tion, $•-',000,000; the Metropolitan Jockey Club (known. as. Jamaica), $750,000; the Queens Coun- ty Jockey Club (known as Aqueduct). 5500.000; the Saratoga Racing Association. $1,000,000; the Empire City Racing Association tat Yonkers). $1,000,000, and the Buffalo Racing Association. $400,000. These figures give an idea of the big interests involved in the sport of racing But even more startling are the figures which show how well patronized these tracks are by the general public. In the report of the State Racing Commission the members of which are James W. Wadsworth. John Sanford and H. K. Knapp for 1906, a table is given which shows the revenue received from the 5 per cent tax paid by the racing associations for the benefit of the agricultural societies. The total amount of these taxes for the last eight years Is $1.4*4 - 263 71. This means that in the last eight fan the public paid to the racing associations about $298,800,000 for admission. The income of the tracks hits Increased In the last few years tor two reasons; first, -the gßaatoi number of racepu- , rs, and, olid. the higher price of admission. Admission to the grandstands :it th» majority of the racetracks is now $:: ami Ie the fieM staiids $1 Mi Some days the attendance has reached 40.000, which means that the gate re- ,-l\\>\- were close to $100,000 for the day*. Other interest Ing figures :«r<» furntphexl iv th« report of the State Rac'ns Cornmj»si?ji in regard to the amount pai^ nut "• purses to in:*.-u^—;!*- f;i! owners of hoi oua*hbr*4 From I4»i to IMS rho'-:" preniijT»r distributed by tti- various ra.uns associations amounted to $17,125,780, or Early in 1900 the Cassidy-Lansing anti-race- track betting bill was introduced in the Legis- lature. Clergymen all over the state, and espe- cially in this city, rallied to its support. Out- wardly It appeared a good and worthy measure. It was backed by Senators Cassidy, T/lloinme- dieii and Gardner, with Patrick H. McCarren in the background, although the latter did not vote for it. Any one who knows anything about thoroughbred racing is familiar with Senator Patrick H. McCarren's associations with the sport. He is the owner of a stable of race horses, financially interested in at least one track and has ths reputation of being: a heavy turf speculator. Why should he want to kill racetrack Betting? Though the -Lansing bill did not go through, It did have an indirect effect on betting, A CLERGYMAN TAKES A HAND. The Rev. Thomas R. Slicer obtained an agree- ment with the stewards of the Jockey Club, the controllers of racing in New York State. This agreement was that the various associations should do all in their power to prevent infor- mation being supplied to the poolrooms. This was a radical move. Previously a telegraph operator seated near the finish could flash the results of the races to the poolrooms all over the country. With the making of the agree- ment this was Impossible. The poolroom tele- graph pervlce was soon crippled. It meant an Immense loss to the telegraph companies, but they had to grin and bear it. It was held that a racetrack was private property and that a telegraph company had no legal right to set up its instruments inside the fences without per- mission. Horsemen Divided in Opinion The Large Interests Involved- Thousands Employed. Are bcokmaking and paolMßnVbf doomed in New York State? Will horse racing survive without betting to buoy It up? These two ques- tions are being asked in various forma by thou- sands of persons, not only in the Empire State but all over the country- Some of those who reply In. the affirmative to the first question give a negative answer to tlie second. Some persons say "Yes" to both questions and others say "No." And still others say "No" in the first case and "Yes" in the second case. That Governor Charles E. Hughes should make a recommendation that bookmaking and poolselllng at racetracks be prohibited as a felony, the feature of his recent message to the Legislature, is proof positive that there is a strong.element at work in -the state against this department of thoroughbred racing. There have been attempts to eliminate racetrack gambling In previous years, but they have been half- hearted and unsystematic, and almost complete failures. GOV. in guess MESSAGE RAISES QUESTION. DOES NO BETTING MEAN NO RACING? On the. Fourth of July, however, th? newspapers recorded that there was no attempt by the polico to stop liqiiof selling in New York and Brooklyn. < >i, that day Tammanay Hall celebrated us eightieth anniversary •:>' drinking toasts in i>'i!t::i- *ra "! j,ii,. '. The gn \u25a0' ->\u25a0:;\u25a0 i,i. [••\u25a0\u0084\u25a0 is Hsi»y«H.:il. » r ai -.v -:\u25a0 1 .-. Thq Trjocne ' f •*"\u25a0'; '"• t. ... :-ru!: Tr- ;r- civmld ha tin •:.'..' bumper Among prohibitionists, however, the new law van accepted as a great victory, and then, jiift *-• now, there were predictions thai prohibition would sweep tlr.- oui.try. Even in England the neT« that he Empire State was '"dry" occasioned a celebration by the United Kingcom Alliance in th" garden* of Elvaston Castle, the Earl of Harring- ton's seat, near Derby. The stringency of the a.< caused no end of angry comment in the cities of the state, and the dis- pleasure was by no means allayed because of that section uhi.'h ran: "Nothing in .this act shall be construed so a-i to prevent the sale of elder in quantities of not !<sa then ten gallons."' Tills was interpreted as a "joker" to protect the rural voters. Just aa in Maine and in Ver- mont, before the latter state recanted its pro- hibitory faith, the city dwellers said: "The Legis- lature is working for the CaraMtfns. The man who makes his own cider or keeps 11 in his cellar until it in stronger than the best Imported ule doesn't care whit happens to the men in towns who get th' liquor at a saloon." on any vessel, boat or water craft of any kind whatever." . j PENALTIES PROVIDED. The citizen who was not of the classes thus enumerated was to tile with the county clerk an undertaking that be would not violate the pro- vision of the h'-\. A violation was deemed a mis- demeanor, and for the first offence th« penalty was a One of •*•>•; for the second a fine of $100 and. thirty days' Imprisonment; for the third and sub- sequent offences "a fine of not less than JIW nor more Him: $J.V> sad by imprisonment for not less than three months nor more, than Fix months." Besides this, it was provided that "any violation of those 5 ,., tions relating to the character and occupation "of the vender should be punishable by a tine of jh«> and thirty days? Imprisonment, while the. offender should be "ever thereafter dis- qualilied for Belling liquor within the state." To clinch the matter and make assurance of a good business for the "water wagon," the framers of the law went on: "No person or corporation shall knowingly carry or transport liquor within the state unless the name and place of business or residence of th- person to whom the same is conveyed, together with the words 'intoxicating liqi'or,' are visibly and distinctly marked on the pa:kaje or cask." for tiie tcveaUi toast he displayed some of the legislathre gifts that distinguished John Young. He had patience and persistence; he could titlk easily arid well, mid underneath bis enthusiasm lingered the shrewd- ness of a skilled diplomat. When at last the Moln,e liquor bill, which lie hud introduced unit 1 mini < I passed the Legislature his name was .-. household word throughout the Mate. Seymour's irelo of the measui^ strengthened Claik. People realized that a Governor no lets than a legislature '..:•» needed to make laws, and with the spirit of iefcrniers thc^delegatcs demanded his nomination To Weed it seemed hazardous, but a majority of the convention, believing that Clark's public career had been sagacious mil upright, refused to tako anotiier." That another move would be made toward pro- h:b!ti-;i w*s .!,••• \u25a0<\u25a0 1. fur, in Uovcrnur Clark's '.•^r»ipiign he ija-1 been V3.rn:iy "supported by Ibe ptocibitiuniet*. hid"'-.]. t.i<'sra(j!"Ts ascribe his K<:i •-.(•:] -..•_:•!.•;. I.i i.j -rr,..1! .i^itf. ii n ;tn n; of r-vii'.v-iri; a;v;ti : u * r.iaue t n;-«.-i^ji ir.^ \u25a0•.inii.- wciic-m part of [ho stiite by |Miiim*i*J Burke. Fair- .- » While prohibition has conquered the South the stronghold of the mint julep and the morning whisker there, are few New Yorkers who know that at one time this state was blessed, or cursed, by prohibition. Yes; New York Suite was brought within the fold and for almost nine months any- body who sold liquor, except for mechanical, medicinal or sacramental usea, was liable to prose- cution us guilty of a misdemeanor. The man who associates New York liquor regulations with "Lack rooms" and Raines law sandwiches will be sur- prised at the information that only as recently as ISSO a prohibitory law was passed which 'forbad* the Ktlling- of liquor us a beverage. But the thirsty populace was saved because the law was unconstitutional, and in the llrst case carried up to the Court of Appeals this fact was established. Had the friends of the "demon ram** tried to defeat the purposes of the prohibitionist.•< by. writing the law they could have done no better or worse. For example, the Court of Appeals de- cided that the act deprived owners mid venders of alcoholic liquors of their property "without doe process of law." The saddling of prohibition upon New York was one of the results of the peculiar political differences of a time when the great question of secession and slate rights was splitting the old parties. Jt was not the first time that such a law had been presented. for In 1552 Myron H. Clark; a State Senator from Caaaadabjaa. had assisted materially in securing the passage of such an act. It was vetoed by Governor Seymour. In IS.">4 the an'i-se ess'on'.^ts. anti-slavery men and prohibitionists, with most other "radicals'" of The period, banded together, called themselves Republicans and nominated Mr. ('lark as their choice for Governor. He was elected to office in 1853 by a majority of only .W> out of a l' i 1! vote of 370.000. the smallest majority ever given a Governor of New York. His opponent was Greene >'. Bronson. th leader of the so-called "Hardshells." A characterization of .Mr. Clark at th» time of his nomination is given by De Alva Stanwood Alexander in his "PoliticHl History of the State of New York." Although Mr. Clark was harshly criticised on one. side end much laud-.-d on the other. Mr. Alexander sketches him in the follow- ing words: "Myron H. Clark, now in his forty-ninth year, : i.. _\u25a0•*-\u25a0• to the class of in.-i generally known as fanatics. He was a plain man of bumble preten- sions and slender attainments. He was originally a cabinetmaker and afterward a merchant. Then be became a reformer. He sympathized with the native Americans; be approved Sinai d's views upon slavery, and be Interested himself in the workingmen. Bat his hobby was temperance. its advocates mud<» his home in Canandaigua their headquarters and during the temperance revival which swept over the stale in the early 'sOs be aided in directing th* movement] This experience opened Bis way. In 18..1, to the State Senate. Htirw We Omct Had Prohibition Law \u25a0 Declared I Tncouttitutiotud. EMPIRE STATE WAS DRY A ROMANCE IN REAL LIFE. "The pen of a romance writer could ask for no more interesting theme than that contained in the career of Charles Franclyn Reglid, whose, death has Just occurred in this city. His father was a butcher in Brooklyn, . who afterward kept a saloon in New York. The son went upon the stage,, and in order to have a name appropriate to his calling spelled his humble patronymic of Dilger backward. At the age of thirty-two he succumbed to the" venerable charms of a woman of more than twice his years, connected with leading families, and after mar- riage became well known in social circles to which a butcher's boy could hardly aspire under any ordi- nary conditions. At the death of his wife he in- herited her fortune and. maintained his place among his associates and became the backer of theatrical enterprises with which his stage train- ing put him In thorough sympathy. "Two actresses figure in the bankrupt court records of the week— Mrs. Henrietta Campbell, bet- ter known as Miss Henrietta Crosman, whose in- debtedness totals $72,000. and Mrs. Leslie Carter, who, although divorced, retains her husband'? name on the stage, whose liabilities are $57,026. HONOR FOR MR. BRYCE. "James Bryce, O. M.. the British Ambassador to the United States, has been elected president of the American Political Science Association. Viscount Aoki. the retiring Japanese Ambassador, is on his way to the Pacific Coast, to sail for home. Lord Curzon of Kedleston is to secure one of the elective Irish seats in the House of I»rds. The report of the existence of slavery in the Portuguese posses- sions in West Africa is denied. This city is again to undergo the experience of the trial of Harry K. Thaw for the murder of Stanford White. His sis- ter, the Countess of Yarmouth, has begun proceed- ing? for the annulment of her marriage. The open- ing of the subway extension under the East River from the Battery to Brooklyn is promised inside of a week. , It will scon he followed by the opera- tion of cars under the North River to Jersey City. l>r. Lynuw Abbott declares that if he were not a Christian he would want to be a .lew. The new memorial windows in Plymouth Church. Brooklyn, of which he was formerly pastor, showing the ef- fect of Puritanism on th?s country, mark a new era in ecclesiastical art. The blue of Sunday took a decidedly lighter tinge by the modified enforce- ment of the law and the decision of the courts that illustrated lectures are not barred. "The former husband of Miss Anna Gould, Count Boni de Castellane, made an assault on his cousin. Prince de Sagan. Anti-rent outbreaks in this city have been held in check by the police, but much hostility has been aroused. The plans for a new and more comprehensive subway system, to extend from the Battery to The Bronx, with crosstown connections for the new Manhattan Bridge, have been approved by the Public Service Board, but. Controller Metz declares that they are only a dream in the present financial condition of the city. The suggestion by the Governor in his message of ex- empting- bonds for subway construction from the debt limit is received v.-ith much favor in outlying suburbs, which hope for more speedy rapid transit under such conditions. The latest medical success has been secured in the transplanting of vital organs from one animal to another, and it is ex- pected to have success with like operations in which healthy organs from one of the lower ani- mals are given to man. Gayety may be added to politics by the appearance of George Ade, the humorist, as a Fairbanks delegate to the Republi- can National Convention. Many of the applicants for marriage licenses under the new law have had much delay owing to the failure to provide enough aflctehl to attend to them. "Tiie death list of the week bears, the names of Bishop Edward G. Andrews, of the Methodist Episcopal Church: the Rev. Father Stafford, of Washington; Dr. Nicholas Bean, the eminent sur- geon, of Chicago; Mrs. Letitia Tyler Semple, daugh- ter of President Tyler: Chief Justice J. B. Caeso- day, of ."Wisconsin; Mr. De Groot, the Belgian Premier; M. Guyot-Dessaigne, Minister of justice in France, and Zimri Dwigsins, of Lincoln, Neb." Constant Header Tells What lie Missed in Last Week's Papers. "How if the w.rld moving along for the new year?" ask'Cd Ilir- Busy Man as he entered tho sanctum of his friend, the Constant Reader, for tho lirst tiire in MB. •Teacefiiily and •sr^cojsH. apparently," was the reply, "with the outlook for tl.e record of another twelve months to compare favorably with the past. "Wars and even rumors of -wars Jir.ve ceased. Onv- \u2666\u25a0rnr.-.c.-,:.-- are stable, the slight check on financial transactions bids fair soon to prove incidental only to a return of the most prosperous conditions. Save, for the trip of United States warships to waters unfrequented by them Bad the quadrennial contest for Hie chief offlcc of the nation, there is no foreshadowing of the future, as it will make its place in history. But as it is the unexpected that always happens, it may be assumed that there will be many occurrences worthy of record before an- other New Years Pay rolls acaaad. If the noise made hi this city to sv-eed out the old and usher In the new year is any criterion of the volume of pood wishes, tii^ycame in unusual profusion. To make a joyful noise appears to be the only method sf manifesting exuberance or feeling oa the part of t3ie denizens of th«» greater city, which has Just begun the second decade of its existence. Toe growth of New York for the last ten years has Ucjit jiaci with the expectations entertained when it was planned '-to take into the central munici- pality the outlying cities and villages which now form the five boroughs. The multiplication of the raean3 of transit which has Rone steadily forward ha.* strved to bind more closely together the segre- gated sections, until now they are practically a homogeneous whole. The coming ten years will doubUcss show that the growth of the past is only indicative of the plant strides the city is to make in Mates '\u25a0'• metropolis of the world." THE GOVERNOR'S MESSAGE. *'l suppose the Legislature is agrain at Btark?" Tea, it met and organized on the \u25a0rat day of the ye:.:. received the message of Governor Hughes and adjourned until Monday to irive SpcaTv. r Wadsworth. who was elected, an op- aortt.'n;;. to name his committees. When the con- stitution of the state was last amended it ate« provided that the legislature should meet on the first Wednesday of January instead of on the first day <<: -.he year, as formerly. This was to avoid the ; venience of meeting on Monday for the oper.!n{r -•s^ton. as had to be done when the year hr;::,; "ii that day or a Sunday, and also to obviate the, necessity of meeting every year on a writ, holiday, as New Year's Day has long been. W! Be this year it was impossible to avoid meet- ing ••< the holiday, it will be half a dozen year: liefore this occurs epain. Governor Hughes failed to satisfy the ratios of those who looked for a ringing political dojrirest in bis mes- *a£«« vhich might be r platform for Presidential aspirations, and he did not put forward the sug- £\u25a0 -•..\u25a0! for biennial sessions of the legislature as It bad been proclaimed he would do. When he c»m- \u25a0• draw up the category of the things left undo:.- by the last Legislature, which he again urged, it probably seemed unwise for a Governor to have only one session to carry out his desires in the. matter of legislation. But he did create f. genuine sensation in his advocacy of the proper eafßt eaaeal of the laws In regard to betting on BaoeSra and there will probably result a strug- gle in the legislature which will surpass in inter- est -,'\u25a0- Kelsey investigation and the reapportion- mcat ftr-JETRIe Jast year. If the legislation desired fey the Governor to make bookmaVlng at race- tracks a felony is enacted the result may be as it was in New Jersey with the stringent legislation ' asrainsi racing, that It was driven from the state, »hi \u25a0•\u25a0» racetrack gambling still flourished In. the cities. The. Governor seeks again to introduce the Massachusetts ballot law and direct primary nomi- nation., •-•> which the great body of political work- ers ;= opposed. The extension of the scope of the work of the Public Service Commission so as to add telegraph and telephone companies to the rail- road!-. ;ras and electric light companies already under supervision will probably secure favorable action. SECT TARY TAFT SPEAKS. "If Governor Hushes lias put forth no public utterance considered as direct lyhearing on his fut- ure as a public man. Secretary Taft distinctly otvenstaened himself as the administration candi- date in Ills address in Beaten when he analyzed the causes of the business disturbance which oc- curred in his absence from the country. He took Ftand :.<-m<;<- ihe policies of the administration \u25a0with which be is identified and showed that no steps backward would be taken ifIhe people of the gauntry stand by those now in authority. The Taft men have gained a lead in Ohio also. The most interesting- sneaestfea pat forward for the Democratic ticket Is that It should bear the names or the two W. J. Bryaao, but the fact that the new Senator from Florida has not yet attained the -:g^- requisite for the Vice-Presidency precludes putting- the suggestion into force until 2:«]^, when .the. Nebraska perennial candidate will doubtless be ready to incur defeat once more. A ilke sugges>- tion of the two Johnson*, the Mayor of Cleveland \u25a0ad the Governor el Minnesota, as the Democratic candidates i* beset with the difficulty,as to whieii would wag the other. 11* battleship Beet is coasting down South America and will reach Rio hi a few days. Its course thus f£.r lias been southeasterly, but s<><>» after crossing the lii it in turn BOUthwestcrl) until it reaches the moot southerly point to b<« passed and enters the tortuous way through . Strait of MaaeJlan. Some of the vessels already on the Pacific have gone to Magdalena Bay, which ij= to be the rendezvous of iiie greatest fleet ever assembled in American waters. The selection <>f Captain rillsbury to succeed Rear Admiral Brown- son in the bureau of navigation may not mean an #>r>d to the controversy over the command of the hospital ship, as it is understood thai their ideas \u25a0= " Trouble in Nevada by reason of Hie with- drawal of leaeml Ireops has bocn obrailed by tne decision to allow them to remain pending the call- ing of a trecial *.es«ioc of tlie Legislature. NEW SAYINGS OF JESUS. "Thp I Kotwjry of new sayings of Jesus, either a part of the original irosr*! of St. Mark or belong- ing to the addition thereto which is credits to his brother Affatfen. is not pee t«.»«i as of Fpeclal Importance, as ih»re > .... significance t-> the *x>rd.£. i:is curious to note that hone of the so- called -words of J^t-i;;^ that from lime to time .-:•.• exploit- -i as erca- discoveries liare proved of vdlue as add.i: C to the hulk or ethical teaching Already panic aucl by men. They have boen like the M)-cal!c-d messengeri from the spirit land, only •what -was already known. II announcement that Bishop Fallows of the Reformed Episcopal Church in Chicago will heal by faith some of the- common disorders to which flesh is heir is only another evidence of the power of suggestion. The follower-? of Mrs. Bddjr are as in arms, because they think he is adopting uaaiL >\u25a0>. their methods. A great proj>2.ganda. Is expected to result for Christian Pci- ence by the devotion of Jl .'•»».<».' by Jlr.s. Eddy to ai<i tlie i>oor, as it i- purposed to give free in- «tru«-t:<.«l in healing to tno?<- who will practise it. Mean--. tbtne who aeh to secure a. ahare eC Mrf. Eddy's wealth /will take renewed steps to *loj> this diversion or it from her heJrs. John i». SacHcefeOer has added another gilt of more than _. \u25a0 m/CS .\u25a0\u25a0> the i. .-.. it than a >*ct>re or niiliions Im h«s already given to the Cnlverrity of Chfcaao. *"Tii«- death rate in mi- city baa been increased L> two unusual eaasre one the pntanleae* of grip and tiie other the extraordinary number of case* of heart dJs«»i«s^, ii. >.- 1-i results or (!»• Snancfal stress of the !ast-<few iinontbr. The reo.->r<l of tatal accidents for tite year in this coontry is np- psViir.g, no l^ss than ~.3:9 lsavins betn recorded. wi:lcla even in .i p«'«i>ul3tJcn of nim-xy million's is an r- -•\u25a0"\u25a0'..:•; : \u25a0\u25a0.••; cause of prohibition saos <ts decid'-d .idvar.ee by the t<ew •\u25a0•\u25a0nOilions In Georgia «nd Alabama in the yoat, .Mlt.'-on^li [n the latter state the courts have put the law in \u2666be; - anc<; lor a liin". The ;»rii«'« > myrtevy Un* V- <t #©;\u25a0\u25a0. sd by tiie.« ihumation fifths Ik<(l>. f«r nlii'.ii •\u25a0"..\u25a0• leati had »•*'!\u25a0 t'Jbstltuted, bjbJ tew it is cijyect^d tl:at th* pcr/'Jifr »iJ| ' <l taken acrcfp the «<c;-a for ;-ur'-!"~:'_-r. .'ii- i.nv psy-^f-ycu-*ntcr Ci:rx-. nhicii it i; i-:cj-r*rcd :•» i:i- trtiucc in thi* cit;-, \u25a0\u25a0- ' proved fo unr'-'J-iii-ii in Rttataßj that effort? to run toem have been aban- doned. field, "a noted prohibitionist, who' afterward be- came chancellor of the University of Nebraska. TO PREVENT INTERFERENCE. ' And. sure enough, through the Legislature; at Albany was pushed "an act for the prevention of Intemperance, pauperism and crime" Its all- ineiusivo title, taking in and attempting suppres- sion of three world-old evils. caused some ironic comment among: the wags, but it was passed on April 9. ISoo, to go into effect July 4. 18*5, and was signed almost immediately by Governor Clark. To those who have complained of "blue Sun- days" in New York and have decided the Raines law is a bit of a sham. passages from this act in Chapter 231 of the laws of 1855 may be of in- terest as showing, what has been escaped. The Maine law, which was the pet achievement of General Steal Dow. could hardly be more In- clusive than the following: "Intoxicating liquor, except as hereinafter pro- vided, shall not be sold, or kept for sale or with intent to be sold, by any person, for himself 01 any other person in any place whatsoever;" nor \u25a0hat] it be Riven away (except as a medicine by physicians pursuing the practice of medicine as a business or for -sacramental purposes); nor be k*pt with intent to be given away in any place whatsoever, except in a dwelling house, in which, or in any part of which, no tavern, store, grocery, shop. hoarding rr victualling housf\ or a room for gambling, dancing or other public amusement or recreation of any kind Is kept." The act further stipulated that liquor might not be kept in any place thus ruled against. Then, to make clear just what conditions should be ob- served by those who might wish 10 dispense liquor for ••medicinal, mechanical or sacramental pur- poses." it specified that the would-be salesmen might be: "Any citizen, of good moral character, who is an elector of the town or city wliere he Intends to sell intoxicating liquors, who is not a pedler or Interested in victualling house, grocery or fruit store, or any bar room w confectionery, inn, tavern, or other place of public entertainment nor the keeper of, or interested in any museum, theatre, or other place of public amusement, nor the cap- tain, commandant, agent, clerk or servant of or 'o the CuVvrnoi *?•£ i.»l "I am not insensible to the delicacy and impor- tance of the duly we assume in overruling an act of the fi»'tislatiire believed by so many intelligent, and good men to afford the best remedy for great and admitted evils in society. But we cannot for- Ket thai the highest function intrusted to us Is that of maintaining' inflexibly the fundamental law; and believing as I do that the prohibitory act transcends the constitutional limits of the leg!s- latlve power, it must be adjudged to be void." RIGHT TO REGULATE LIQUOR TRAFFIC. The three judges of the minority were represent- ed by concurrent dissenting opinions written by Judges T. A. Johnson and Wright. They held that the Legislature had taken only another step within Its constitutional right of regulating the liquor traf- fic, in that it had provided for the sale under certain conditions of liquor for •'mechanical, medicinal and sacramental" purposes. Judge Comstock, how- ever, had met this in his opinion by saying: "Those are. only the occasional and incidental uses of Urn article. it is the general and primary use which Is aimed at. It is the mass of property which is struck down, and the possible conserva- tion of an extremely insignificant portion cannot change the character of the luw." The prohibitionists of the country raised their voices against this decision.] in their organs and on their platforms they predicted that New York us well as every othi:r state would be for '-J to put the ban on "llrewaler" like one great Indian reser- vation. The circumstances thai enabled a prohibi- tion Governor to get Into office at Albany, how- ever, nave never been reproduced. But It might be interesting for those. Net* Yorkers who growl at the laws in Maine or the drugstore and pre- scription shibboleth for the thirsty in Kansas mid the local option states of the South and Southwest to speculate on \»hat might have bean had the Court of Appeals been divided differently. Would the (.treat White War, far example, be so white? And would Scotty •<( Death Valley have hir^d \u25a0 up rial train to break records across th# continent l'j.l •\u25a0• livn instiled on reaching l^ns A>.:re Bfj'iarc he ci'uUl hUv<; cb'tainfil alcoholic "drinks "!\u25a0'\u25a0; ' . l ' !'\u25a0•'\u25a0• i. i!. .' Ii- named .;.«\u25a0>, for "tap- chunical, medicinal or sacnuutntul" uses? the Constitution are a mere waste of words. Prop- erty is an Institution of law. and not a result Of speculation in science, in morals or economy." On the value of liquors as affected by the law lie said it "sweeps them from the commerce of the state arid thus annihilates the quality cf sal? which makes them valuable to their owner. This is destructive of the notion of property." In con- cluding the opinion which ended New York's ex- periment in what was then called "the Maine law" Judge Comstork wrote:

Transcript of MEAN NO FOR* THE BUSY MAN. - Chronicling America · Sol win. he goes to the bookmaker's cashier,...

STATUE OF SHAKESPEARE AT SAME STATUE OF SHAKESPEARESTRATFORD-ON-AVON. IN MODERN DRESS.

NEW-YORK DAILY TRIBUNE. SINDAY. .IVMARY 5. 1W».

FOR* THE BUSY MAN.

State of New York. No disrespect to his office."The police court f«raaka" of this -.peculiar In-

dependence Day were asked in eat IVcase \u25a0\u25a0'••'\u25a0«

they bought the liquor ,th.at had brought about

their arrest, While most of them \u25a0••• affidavitsBfvhaj the addresses of the saloons ann the num-

ber of drinks they purchased in each place, it is

on record that of "fiftymen and women" charged

with intoxication in Jefferson Market Court rvery

one said he or sho "bought It in New Jersey, or

had forgotten where it was bought, or had re-

ceived It from a stranger." •

CONSTITUTIONALITY TESTED.There resulted a number of arrests and convic-

tions, with finally a cessation of prosecutions until

the Court Of Appeal could pass upon the consti-

tutionality of the law. The first eaaa to reach thiscourt was that of James (5. \u25a0Tjrhhasasaer. orBuffalo He had been convicted in the lower courts

of violating the law by selling "a KIU each of rum

brandy. gin. wir.e, whiskey and strong hcrr." and

had been sentenced to pay a line of m Evidencethat he had poJFsessod the liquors "before and on

Jiily 3 1855." was objected to by the prosecuting

attorney of Erie County, and the objection had

been sustained. It was on this point of possession

thai the case was lakes up to the Court of Ap-

peals.

On March 25. IK*, five judges of the Court of

Appeals reversed the decision and pronounce,! the

law unconstitutional. There were three Jo****of

1 dissenting opinion. Judge Geor F. Comstock,

who wrote the majority opinion, said that he was

cognisant of the abuses of alcohol, and that "thepeople of this state can dispense with its very

existen~e not only without Injury to Iheir negre-

rate Interests, but with absolute benefit." He

added that other articles mißht be named of which

the snme micht be said. Nevertheless iiauor was

property and by its seizure under the law persons

would be deprived of their property without due

process of law as contemplated by the Constitu-

tion. \ . ."If such arguments," he continued, can be a.-

lowed to subvert the fundamental Idea of property,

then there Is no private riant entirely safe, be-

cause there is no limitation upon the absolute dis-

cretion of the Legislature, and the guarantees of

HISTORIC CHARACTERS IN MODERN DRESS.

(Copyright, 1907. Bf <Her%e, Newnes. LJmited.)

STAT'JE OF OLIVER CROMWELL SAME STATUE RECLOTHED AS AAS A ROUNDHEAD GENERAL. MODERN LABOR LEADER.

THE LAND OF PARADOX.Chiiui i*the land of paradox. Ifit is an abso-

lute, despotic monarchy, it Is also a very demo-cratic country, with its self-made men. i'<powerful public opinion and a "states* right*"

question of Its own. It hi one of the most cur-rupt of nations; on thr other ham!, th« standarditfpersonal ami commercial honesty is probtiblyhigher in China than in any other country la|he world. Woman in China. I=l made to serve;h««r status is bo !>w that it would b«» discour-teous even i"«.sk .i man ifhe hits a daughter:y, the ablest ruler china hie* had in many cen-tartea is a woman. Itis a land where the women\-..i- sot'iis and ireaaeej and the men wearvt'ocking* and robp*; whore a man shakes hi-*own hand, not •

in--, where white, not black. L-*n flkii of mourning: where the compass pointsyouth, not north; wht-re books are read back-ward. m>t forward; where rtHtnes and titles arei«tjt in reverse •>rdcr. as in our directories—

•"Ie-.*!or»» Rocflrvelt « ou'd b.- rtt»osev*>lt TT>«*«-••\u25a0•ft' i:j<"*un.i. 1/aclQ liaro WOUJd *»" Sam Unc!t*:v^.trf- f'.''.>'ll*r.< ar» written tir^i''*1 doivn. asS-i. but S-i: \« »w it ... bitterly at herv tUdlns «>»'• "man laughs \*.Vtra he \u25a0 ..a youof lila UU1...-I'a death.

—Success.

Historic Characters Look Odd in

Modern Clothes.<ropyrisrht. 1907. by Georg* N»wne*. Lirnltei.)

As Carlyle has shown, the glamour of history

owes not a little to costume. Our conception of th»

characters of such men and women as RichardCcenr de Lion and Joan of Arc, Henry VIIIandQueen Klizabeth. Shakespeare. Mary Queen of Scotsand Charles I.Cromwell and Napoleon, must be very

largely influenced by the garb in which, through

the medium of picture, print and statue, they hay»

become familiar to our minds. What kind of Im-pression would thrs-» illustrious personages maki-in the costum.1 of the present day? How wouldthe distinctive qualities with which, they are cred-

ited express themselves in such garments as they

mi;;ht be expected to assume ifnow living? It laan interesting qurstion. to which an artist h:».aendeavored to supply the answer.

The figure of Shakespeare undergoes a most

striking transformation by being clothed with t!.efrock coat and top hat in which we can imaginahim entering Hi» Majesty's Theatre or the Athe-aasaa Club. In this garb it must be confessed \u25a0-.«

looks much more the fashionable dilettanti thanthe ma:i of intellect. Shakespeare's hair is. sjcourse, the physical feature which assorts leastwell with his present day costume. The amp:*growth of hair upon the head, however, which lamainly responsible for the suggestion of sesthetlcisin,

had no such sisniricance in Shakespeare's time.Every one th« n wore the hair lon>c. except the ex-

treme i'urtt;in?. Shakespeare 111 this matter

merely personifies the normal custom of. his time;

to-day it gives him the distinguishing mark of theauthor or the artist whose work, as a rule, fa!!»far below his pretensions.

It is not so »•;>.<>- to a*si«n his twentieth centurypart to that man of iron will—Oliver CBaBBaofJLBut certainty, from the tailors point of view,

Cromwell has his political parallel at the presentday in a labor leader. Cromwell's features its-

suredly lose little of their dominant strength as tiieresult of this chansc of costume. The sculptor

has taken a little artistic license in his arrange-

ment of the hair—although Cromwell was literallynot so much a Roundhead as some of hi:*colleagues—

and the loss of his lock? in the second portraitcertainly does not weaken th? face. The umbrellam the place of the sword ha*, of course, a m<xi-ern. prosaic look, to say nothing of the trousers aaa substitute for the soldier's leggings. But thesedetails arc forgotten when we turn to the face anddiscern its quiet power as the man, having just re-moved his hat. is about to address— we can imagine

—a meeting in Hyde Park. Yes. Cromwell as alabor leader looks as strong a man of action aohe proved himself to be in soldiering: anil states-

manship.—Strand Magaxine.

THE SAME AXD YET—

abmtt ehu.-»l to th» total valuation of th» trftck»themselves.

Would all this rich stream b» dammed up If.betting cca^d? Officially the Jockey Club do»«not.' recognise the bookmaker^ <\u25a0

-"layers," *m

they ..-" also known. ''\u25a0'-.-< do** not mean thattie Jockey Club does not know that bettlnsb'going on. The betting ring is presided over by

John 'n..~h He occupies* » unique «H»Cf . It... his duty to decide all point* of dl?T>renc«featMNSa bookmaker and bettor, or "player," ashe is known in the parlance of th* turf.

HOW THE BOOKMAKERS WORKTh" bookmakers are seated on stools, doubr*

rows of which circle a bis; inclnftur*, generallyunder the grandstands and field stands of thetrack*. Kach bookmaker has a cashier, a shoot-writer and on» or more runners. w...> furnishhim with the trend of th" betting. • Th" book-maker holds a small slate Inhis hand en whichare the names of th«« horses, their jock«ys anrjthe odds he Is willingto speculate on againstthe Judgment of the bettor. The player thinksKing So! will win, or at l»a*t finish second. 80he walks up to a bookmaker who has 5 to 1to win. 2 to 1 to finish second, chalked maagainst Kins Sol. The bettor says "KingSol.$5 straight and $5 place." The bookmaker call*off the bet and the sheetvvrlter puts it down,with the number of the bettor's racing badge,or his initials. The player gets no receipt lorhis $10. After the race is over, and should KharSol win. he goes to the bookmaker's cashier,shows his racing number, and collects $35 maddition to his original $10 Investment; if Kin?Sol was second he gets $10 and $."» of his originalinvestment, having lost his first bet. Th» bettorMM« implicitf«ith in the bookmaker's h«n-sty.ami.hp is rarely or never defrauded.

Suit one betting is prohibited by law at th«racetracks. There is no power under the sun.many argue, to prevent betting '• "

word of -.mouth. A bookmaker could stroll around thelawns and accept bets "on the nod.' to be set-tler! aflat the races away from the tracks. Th£»would be an adoption of the time honoredmethod of the English racecourses. There thsracegoers of prominence belong to Tattersall'aor two or three other betting clubs, each ofWhich is a clearing home for wagers. Book-makers are the governors anc! betting men thepatrons of each club ring, the customers makingtheir wagers by word of mouth. Ifa recognizedlayer of odds maintained an office In this citywhere he transacted business with his clientson a basis similar to that on which the WallStreet broker gives or receives balances out- •standing between his customers and himself. Itis argued that he v.-ouM be doing nothing- thatis illegal.

The occasional visitor to the track who desiredto place a bet would have considerable dif-ficulty under thai system. But this is a pointon which the racing authorities and GovernorHughes probably come close to being In ac-cord. The Jockey Club would undoubtedly vcel-cone any arrangement by which the chief ob-jection to racing was removed

—the fact that

men and women gamble on racing- and aretempted to speculate when they cannot affordto lose th«» money they wager. There are fewwho do not admit that the sport would bebenefited by the absence of this class of peo-ple.

The casual bettor who knows beforehandwhat he can afford and 13 prepared to losecould, under this system, go to the office of abookmaker before the races, deposit that sumwith the layer before starting for the track and

then bet with the bookmaker at the track tothe limit of his credit. This system would per-haps violate no law. On the other hand, many

objections to Itcould be raised. The "welcher"

would have an opportunity to defraud the bet-tors, the bookmaker could quote odds far belowwhat they should be and the few chances ofsuccess now In favor of the bettor would become

even fewer.IfbettingIs eliminated willhore^racins; go on*

The majority of racegoers say it will. Th«"sport of kings'* has taken too strong a holdon too many Interests and has too many tradi-tions behind It to die.

Those who could see below the surface said

at the time that the Cassidy-Lansing measurewas in the interests of the poolrooms. It was

openly charged that it had the moral support

of a certain poolroom clique, headed by a man

who might be called "Mr. D." He tried to force

the Jockey Club to concede to him the exclusiveprivilege of sending out the news of the race-

tracks to the poolrooms of the country. Force

can't gain much from the Jockey Club. He

didn't get the privilege. If "Mr. D.'s" de-mands had been granted he would have had a

piece of every poolroom in the country: for

without his consent no poolroom in the country

could have obtained any information.

When the service was cut off from the pool-

rooms it became a great problem for them to

get information from the racetracks. Allkinds

of schemes were tried. High towers were built

outside the tracks, and men with powerful

field glasses read off the results of the races and

hurried then to the poolrooms by means of the

telephone. One of these towers was torn down

after it had served one day of usefulness, andothers had their views shut off by screens. Thenthe heliograph was brought into play, but it

was not a success. Rooms were hired in houses

overlooking the tracks, but they failed to servetheir purpose. The poolrooms have had a hardfight and they certainly haven't ha.l the best

of the argument with the Jockey Club.Now suppose a new bill should result in the

suppression of liorseracing in New York State:what would happen? This is the side of the

question of those who say "Stop betting and

aoraeractasj will die." The jockeys are the.

highest priced racetrack employes. In roundnumbers there are three hundred of them em-

ployed in various parts of the country, the bulk

of them in this state, during the racing season.

Their aggregate earnings in salaries and teas

are close to SCOQ.uOO. Then there about two

hundred trainers, with a total earning capacity

of nearly $200,000. The various racing asso-

ciations employ fully live hundred person?, and

the services of these men cost, say, $1,000,000.

The bookmakers have big payrolls. There aleprobably one thousand clerks, costing $2;ooo.o<H\

Then the stablehandg must be considered. Five

hundred of them at a total expense of 5300.000would he a fair and conservative estimate. There

are fully three thousand thoroughbreds in train-

ing. They arc worth about 51,500,000.

VALUE OF RACING PROPERTIES.Here are the racing associations in the state

under the control of the Jockey Club and the

estimated valuation of the properties: The West-chester Racing Association (known as BelmontPark), $3,500,000; the Coney Island Jockey Club(known as Sheepshead Bay). $4,000,000: the

Brooklyn Jockey Club (known as i;rave«ond >.$2,500,000: the Brighton Beach Racing Associa-tion, $•-',000,000; the Metropolitan Jockey Club(known.as. Jamaica), $750,000; the Queens Coun-ty Jockey Club (known as Aqueduct). 5500.000;

the Saratoga Racing Association. $1,000,000; theEmpire City Racing Association tat Yonkers).

$1,000,000, and the Buffalo Racing Association.

$400,000. These figures give an idea of the big

interests involved in the sport of racing

But even more startling are the figures which

show how well patronized these tracks are by

the general public. In the report of the StateRacing Commission

—the members of which are

James W. Wadsworth. John Sanford and H. K.Knapp

—for 1906, a table is given which shows

the revenue received from the 5 per cent tax

paid by the racing associations for the benefitof the agricultural societies. The total amount

of these taxes for the last eight years Is $1.4*4-

263 71. This means that in the last eight fanthe public paid to the racing associations about$298,800,000 for admission. The income of the

tracks hits Increased In the last few years tor

two reasons; first,-the gßaatoi number ofracepu-

,rs, and, olid. the higher price of admission.Admission to the grandstands :it th» majority

of the racetracks is now $:: ami Ie the fieMstaiids $1Mi Some days the attendance has

reached 40.000, which means that the gate re-

,-l\\>\- were close to $100,000 for the day*.

Other interest Ing figures :«r<» furntphexl iv th«report of the State Rac'ns Cornmj»si?ji in regard

to the amount pai^ nut "• purses to in:*.-u^—;!*-

f;i! owners of hoi oua*hbr*4 From I4»i toIMS rho'-:" preniijT»r distributed by tti- various

ra.uns associations amounted to $17,125,780, or

Early in 1900 the Cassidy-Lansing anti-race-track betting bill was introduced in the Legis-

lature. Clergymen all over the state, and espe-

cially in this city, rallied to its support. Out-wardly It appeared a good and worthy measure.It was backed by Senators Cassidy, T/lloinme-

dieii and Gardner, with Patrick H. McCarren in

the background, although the latter did not vote

for it. Any one who knows anything about

thoroughbred racing is familiar with Senator

Patrick H. McCarren's associations with the

sport. He is the owner of a stable of race

horses, financially interested in at least one

track and has ths reputation of being: a heavy

turf speculator. Why should he want to killracetrack Betting?

Though the -Lansing bill did not go

through, Itdid have an indirect effect on betting,

A CLERGYMAN TAKES A HAND.

The Rev. Thomas R. Slicer obtained an agree-

ment with the stewards of the Jockey Club, the

controllers of racing in New York State. Thisagreement was that the various associationsshould do all in their power to prevent infor-

mation being supplied to the poolrooms. This

was a radical move. Previously a telegraph

operator seated near the finish could flash theresults of the races to the poolrooms all over

the country. With the making of the agree-

ment this was Impossible. The poolroom tele-

graph pervlce was soon crippled. It meant an

Immense loss to the telegraph companies, but

they had to grin and bear it. It was held that

a racetrack was private property and that a

telegraph company had no legal right to set up

its instruments inside the fences without per-

mission.

Horsemen Divided in Opinion—

The

Large Interests Involved-

Thousands Employed.Are bcokmaking and paolMßnVbf doomed in

New York State? Will horse racing survive

without betting to buoy Itup? These two ques-

tions are being asked invarious forma by thou-sands of persons, not only in the Empire State

but all over the country- Some of those who

reply In.the affirmative to the first question give

a negative answer to tlie second. Some personssay "Yes" to both questions and others say

"No." And still others say "No" in the first

case and "Yes" in the second case.

That Governor Charles E. Hughes should

make a recommendation that bookmaking andpoolselllng at racetracks be prohibited as afelony, the feature of his recent message to the

Legislature, is proof positive that there is a

strong.element at work in-the state against thisdepartment of thoroughbred racing. There have

been attempts to eliminate racetrack gambling

In previous years, but they have been half-

hearted and unsystematic, and almost complete

failures.

GOV. inguess MESSAGERAISES QUESTION.

DOES NO BETTINGMEAN NO RACING?

On the. Fourth of July, however, th? newspapers

recorded that there was no attempt by the policoto stop liqiiof selling in New York and Brooklyn.<>i, that day Tammanay Hall celebrated useightieth anniversary •:>' drinking toasts in i>'i!t::i-*ra "! j,ii,.'. The gn \u25a0' ->\u25a0:;\u25a0 i,i. [••\u25a0\u0084\u25a0 isHsi»y«H.:il. »rai -.v -:\u25a0 1 .-. Thq Trjocne 'f •*"\u25a0'; '"•t. ... :-ru!:

•Tr-;r- civmld ha tin •:.'..' bumper

Among prohibitionists, however, the new lawvan accepted as a great victory, and then, jiift*-•now, there were predictions thai prohibition wouldsweep tlr.- oui.try. Even in England the neT«that he Empire State was '"dry" occasioned acelebration by the United Kingcom Alliance in th"garden* of Elvaston Castle, the Earl of Harring-ton's seat, near Derby.

The stringency of the a.< caused no end of angrycomment in the cities of the state, and the dis-pleasure was by no means allayed because of thatsection uhi.'h ran: "Nothing in .this act shall beconstrued so a-i to prevent the sale of elder inquantities of not !<sa then ten gallons."'

Tills was interpreted as a "joker" to protectthe rural voters. Just aa in Maine and in Ver-mont, before the latter state recanted its pro-hibitory faith, the city dwellers said: "The Legis-

lature is working for the CaraMtfns. The man whomakes his own cider or keeps 11 in his cellar untilit in stronger than the best Imported ule doesn'tcare whit happens to the men in towns who get

th' liquor at a saloon."

on any vessel, boat or water craft of any kindwhatever."

. j PENALTIES PROVIDED.The citizen who was not of the classes thus

enumerated was to tile with the county clerk anundertaking that be would not violate the pro-vision of the h'-\. A violation was deemed a mis-demeanor, and for the first offence th« penalty wasa One of •*•>•; for the second a fine of $100 and.thirty days' Imprisonment; for the third and sub-

sequent offences "a fine of not less than JIW normore Him: $J.V> sad by imprisonment for not lessthan three months nor more, than Fix months."Besides this, it was provided that "any violationof those 5

,., tions relating to the character andoccupation "of the vender should be punishableby a tine of jh«> and thirty days? Imprisonment,while the. offender should be "ever thereafter dis-qualilied for Belling liquor within the state."

To clinch the matter and make assurance of agood business for the "water wagon," the framersof the law went on: "No person or corporation

shall knowingly carry or transport liquor withinthe state unless the name and place of business orresidence of th- person to whom the same is

conveyed, together with the words 'intoxicatingliqi'or,' are visibly and distinctly marked on thepa:kaje or cask."

for tiie tcveaUi toast

he displayed some of the legislathre gifts thatdistinguished John Young. He had patience andpersistence; he could titlk easily arid well, mid

underneath bis enthusiasm lingered the shrewd-ness of a skilled diplomat. When at last theMoln,e liquor bill, which lie hud introduced unit1mini<I passed the Legislature his name was.-. household word throughout the Mate. Seymour'sirelo of the measui^ strengthened Claik. Peoplerealized that a Governor no lets than a legislature'..:•» needed to make laws, and with the spirit ofiefcrniers thc^delegatcs demanded his nominationTo Weed it seemed hazardous, but a majority ofthe convention, believing that Clark's public careerhad been sagacious mil upright, refused to takoanotiier."

That another move would be made toward pro-h:b!ti-;i w*s .!,••• \u25a0<\u25a0 1. fur, in Uovcrnur Clark's'.•^r»ipiign he ija-1 been V3.rn:iy "supported by Ibeptocibitiuniet*. hid"'-.]. t.i<'sra(j!"Ts ascribe hisK<:i •-.(•:] -..•_:•!.•;. I.i i.j -rr,..1! .i^itf.iin ;tnn;

of r-vii'.v-iri; a;v;ti:u* r.iaue tn;-«.-i^ji ir.^ \u25a0•.inii.-wciic-m part of [ho stiite by |Miiim*i*J Burke. Fair-

.- »

While prohibition has conquered the South—

the stronghold of the mint julep and the morning

whisker—

there, are few New Yorkers who knowthat at one time this state was blessed, or cursed,

by prohibition. Yes; New York Suite was brought

within the fold and for almost nine months any-body who sold liquor, except for mechanical,medicinal or sacramental usea, was liable to prose-

cution us guilty of a misdemeanor. The man whoassociates New York liquor regulations with "Lackrooms" and Raines law sandwiches will be sur-prised at the information that only as recently asISSO a prohibitory law was passed which 'forbad*the Ktlling-of liquor us a beverage.

But the thirsty populace was saved because thelaw was unconstitutional, and in the llrst casecarried up to the Court of Appeals this fact wasestablished. Had the friends of the "demon ram**

tried to defeat the purposes of the prohibitionist.•<

by. writing the law they could have done no betteror worse. For example, the Court of Appeals de-cided that the act deprived owners mid vendersof alcoholic liquors of their property "withoutdoe process of law."

The saddling of prohibition upon New York wasone of the results of the peculiar politicaldifferencesof a time when the great question of secession andslate rights was splitting the old parties. Jt was not

the first time that such a law had been presented.for In 1552 Myron H. Clark; a State Senator fromCaaaadabjaa. had assisted materially in securingthe passage of such an act. It was vetoed by

Governor Seymour. In IS.">4 the an'i-se ess'on'.^ts.anti-slavery men and prohibitionists, with mostother "radicals'" of The period, banded together,called themselves Republicans and nominated Mr.('lark as their choice for Governor. He was electedto office in 1853 by a majority of only .W> out of al'i1! vote of 370.000. the smallest majority evergiven a Governor of New York. His opponentwas Greene >'. Bronson. th leader of the so-called"Hardshells."

A characterization of .Mr. Clark at th» time ofhis nomination is given by De Alva StanwoodAlexander in his "PoliticHl History of the State ofNew York." Although Mr. Clark was harshly

criticised on one. side end much laud-.-d on theother. Mr. Alexander sketches him in the follow-ing words:

"Myron H. Clark, now in his forty-ninth year,:• i.. _\u25a0•*-\u25a0• to the class of in.-i generally known asfanatics. He was a plain man of bumble preten-

sions and slender attainments. He was originallya cabinetmaker and afterward a merchant. Thenbe became a reformer. He sympathized withthe native Americans; be approved Sinai d's viewsupon slavery, and be Interested himself in the

workingmen. Bat his hobby was temperance. itsadvocates mud<» his home in Canandaigua theirheadquarters and during the temperance revivalwhich swept over the stale in the early 'sOs be

aided in directing th* movement] This experience

opened Bis way. In 18..1, to the State Senate. Htirw

We Omct Had Prohibition Law—

\u25a0

Declared ITncouttitutiotud.

EMPIRE STATE WAS DRY

A ROMANCE IN REAL LIFE."The pen of a romance writer could ask for no

more interesting theme than that contained in thecareer ofCharles Franclyn Reglid, whose, death hasJust occurred in this city. His father was a butcherin Brooklyn,. who afterward kept a saloon in NewYork. The son went upon the stage,, and in orderto have a name appropriate to his calling spelledhis humble patronymic of Dilger backward. At theage of thirty-two he succumbed to the" venerablecharms of a woman of more than twice his years,connected with leading families, and after mar-riage became well known in social circles to whicha butcher's boy could hardly aspire under any ordi-nary conditions. At the death of his wife he in-herited her fortune and. maintained his placeamong his associates and became the backer oftheatrical enterprises with which his stage train-ing put him In thorough sympathy.

"Two actresses figure in the bankrupt courtrecords of the week— Mrs. Henrietta Campbell, bet-ter known as Miss Henrietta Crosman, whose in-debtedness totals $72,000. and Mrs. Leslie Carter,who, although divorced, retains her husband'?name on the stage, whose liabilities are $57,026.

HONOR FOR MR. BRYCE."James Bryce, O. M.. the British Ambassador to

the United States, has been elected president of theAmerican Political Science Association. ViscountAoki. the retiring Japanese Ambassador, is on hisway to the Pacific Coast, to sail for home. LordCurzon of Kedleston is to secure one of the electiveIrish seats in the House of I»rds. The report ofthe existence of slavery in the Portuguese posses-sions in West Africa is denied. This city is againto undergo the experience of the trial of Harry K.Thaw for the murder of Stanford White. His sis-ter, the Countess of Yarmouth, has begun proceed-ing? for the annulment of her marriage. The open-ing of the subway extension under the East Riverfrom the Battery to Brooklyn is promised insideof a week. , Itwill scon he followed by the opera-tion of cars under the North River to Jersey City.l>r. Lynuw Abbott declares that if he were not aChristian he would want to be a .lew. The newmemorial windows in Plymouth Church. Brooklyn,of which he was formerly pastor, showing the ef-fect of Puritanism on th?s country, mark a newera in ecclesiastical art. The blue of Sunday tooka decidedly lighter tinge by the modified enforce-ment of the law and the decision of the courtsthat illustrated lectures are not barred.

"The former husband of Miss Anna Gould, CountBoni de Castellane, made an assault on his cousin.Prince de Sagan. Anti-rent outbreaks in this cityhave been held in check by the police, but muchhostility has been aroused. The plans for a newand more comprehensive subway system, to extendfrom the Battery to The Bronx, with crosstownconnections for the new Manhattan Bridge, havebeen approved by the Public Service Board, but.Controller Metz declares that they are only a dreamin the present financial condition of the city. Thesuggestion by the Governor in his message of ex-empting- bonds for subway construction from thedebt limit is received v.-ith much favor in outlyingsuburbs, which hope for more speedy rapid transitunder such conditions. The latest medical successhas been secured in the transplanting of vitalorgans from one animal to another, and it is ex-pected to have success with like operations inwhich healthy organs from one of the lower ani-mals are given to man. Gayety may be added topolitics by the appearance of George Ade, thehumorist, as a Fairbanks delegate to the Republi-can National Convention. Many of the applicantsfor marriage licenses under the new law have hadmuch delay owing to the failure to provide enoughaflctehl to attend to them.

"Tiie death list of the week bears, the names ofBishop Edward G. Andrews, of the MethodistEpiscopal Church: the Rev. Father Stafford, ofWashington; Dr. Nicholas Bean, the eminent sur-geon, of Chicago; Mrs. Letitia Tyler Semple, daugh-ter of President Tyler: Chief Justice J. B. Caeso-day, of ."Wisconsin; Mr. De Groot, the BelgianPremier; M. Guyot-Dessaigne, Minister of justice

in France, and Zimri Dwigsins, of Lincoln, Neb."

Constant Header Tells What lie

Missed in Last Week's Papers.

"How if the w.rld moving along for the newyear?" ask'Cd Ilir- Busy Man as he entered thosanctum of his friend, the Constant Reader, for

tho lirst tiireinMB.•Teacefiiily and •sr^cojsH. apparently," was the

reply, "with the outlook for tl.e record of anothertwelve months to compare favorably with the past.

"Wars and even rumors of -wars Jir.ve ceased. Onv-\u2666\u25a0rnr.-.c.-,:.-- are stable, the slight check on financialtransactions bids fair soon to prove incidental only

to a return of the most prosperous conditions.Save, for the trip of United States warships to

waters unfrequented by them Bad the quadrennial

contest for Hie chief offlcc of the nation, there is

no foreshadowing of the future, as it willmake its

place in history. But as it is the unexpected thatalways happens, it may be assumed that there willbe many occurrences worthy of record before an-other New Years Pay rolls acaaad. If the noisemade hi this city to sv-eed out the old and usherIn the new year is any criterion of the volume of

pood wishes, tii^ycame in unusual profusion. To

make a joyfulnoise appears to be the only methodsf manifesting exuberance or feeling oa the part

of t3ie denizens of th«» greater city, which has Justbegun the second decade of its existence. Toegrowth of New York for the last ten years hasUcjit jiaci with the expectations entertained whenit was planned '-to take into the central munici-pality the outlying cities and villages which nowform the five boroughs. The multiplication of the

raean3 of transit which has Rone steadily forwardha.* strved to bind more closely together the segre-gated sections, until now they are practically ahomogeneous whole. The coming ten years willdoubUcss show that the growth of the past is only

indicative of the plant strides the city is to makein Mates '\u25a0'• metropolis of the world."

THE GOVERNOR'S MESSAGE.*'l suppose the Legislature is agrain at Btark?"Tea, it met and organized on the \u25a0rat day of

the ye:.:. received the message of GovernorHughes and adjourned until Monday to iriveSpcaTv. r Wadsworth. who was elected, an op-aortt.'n;;. to name his committees. When the con-stitution of the state was last amended it ate«

provided that the legislature should meet on thefirst Wednesday of January instead of on the firstday <<: -.he year, as formerly. This was to avoidthe ; venience of meeting on Monday for theoper.!n{r -•s^ton. as had to be done when the yearhr;::,; "ii that day or a Sunday, and also to

obviate the, necessity of meeting every year on awrit, holiday, as New Year's Day has long been.W! Be this year it was impossible to avoid meet-ing ••< the holiday, it will be half a dozenyear: liefore this occurs epain. Governor Hughesfailed to satisfy the ratios of those wholooked for a ringing political dojrirest in bis mes-*a£«« vhich might be r platform for Presidentialaspirations, and he did not put forward the sug-£\u25a0 -•..\u25a0! for biennial sessions of the legislature asIt bad been proclaimed he would do. When hec»m- \u25a0• draw up the category of the things leftundo:.- by the last Legislature, which he again

urged, it probably seemed unwise for a Governorto have only one session to carry out his desiresin the. matter of legislation. But he did create f.genuine sensation in his advocacy of the propereafßt eaaeal of the laws In regard to betting onBaoeSra and there willprobably result a strug-gle in the legislature which willsurpass in inter-est -,'\u25a0- Kelsey investigation and the reapportion-mcat ftr-JETRIe Jast year. Ifthe legislation desiredfey the Governor to make bookmaVlng at race-tracks a felony is enacted the result may be as itwas in New Jersey with the stringent legislation'asrainsi racing, that It was driven from the state,»hi \u25a0•\u25a0» racetrack gambling still flourished In. thecities. The. Governor seeks again to introduce theMassachusetts ballot law and direct primary nomi-nation., •-•> which the great body of political work-ers ;= opposed. The extension of the scope of thework of the Public Service Commission so as toadd telegraph and telephone companies to the rail-road!-. ;ras and electric light companies already

under supervision will probably secure favorableaction.

SECT TARY TAFT SPEAKS."IfGovernor Hushes lias put forth no public

utterance considered as direct lyhearing on his fut-ure as a public man. Secretary Taft distinctly

otvenstaened himself as the administration candi-date in Ills address in Beaten when he analyzedthe causes of the business disturbance which oc-curred in his absence from the country. He tookFtand :.<-m<;<- ihe policies of the administration\u25a0with which be is identified and showed that nosteps backward would be taken ifIhe people of thegauntry stand by those now in authority. TheTaft men have gained a lead in Ohio also. Themost interesting- sneaestfea pat forward for theDemocratic ticket Is that It should bear the namesor the two W. J. Bryaao, but the fact that thenew Senator from Florida has not yet attainedthe -:g^- requisite for the Vice-Presidency precludesputting- the suggestion into force until 2:«]^, when

.the. Nebraska perennial candidate willdoubtless beready to incur defeat once more. A ilke sugges>-tion of the two Johnson*, the Mayor of Cleveland\u25a0ad the Governor el Minnesota, as the Democraticcandidates i*beset with the difficulty,as to whieiiwould wag the other.

11* battleship Beet is coasting down SouthAmerica and will reach Rio hi a few days. Itscourse thus f£.r lias been southeasterly, but s<><>»after crossing the lii it in turn BOUthwestcrl)until it reaches the moot southerly point to b<«passed and enters the tortuous way through . i«Strait of MaaeJlan. Some of the vessels alreadyon the Pacific have gone to Magdalena Bay, whichij= to be the rendezvous of iiie greatest fleet everassembled in American waters. The selection <>fCaptain rillsbury to succeed Rear Admiral Brown-son in the bureau of navigation may not mean an#>r>d to the controversy over the command of thehospital ship, as it is understood thai their ideas\u25a0=

" Trouble in Nevada by reason of Hie with-drawal of leaeml Ireops has bocn obrailed by tnedecision to allow them to remain pending the call-ing of a trecial *.es«ioc of tlie Legislature.

NEW SAYINGS OF JESUS."Thp IKotwjryof new sayings of Jesus, either a

part of the original irosr*! of St. Mark or belong-ing to the addition thereto which is credits tohis brother Affatfen. is not pee •t«.»«i as of FpeclalImportance, as ih»re > .... significance t-> the*x>rd.£. i:is curious to note that hone of the so-called -words of J^t-i;;^ that from lime to time .-:•.•exploit- -i as erca- discoveries liare proved ofvdlue as add.i: C to the hulk or ethical teachingAlready panic aucl by men. They have boen likethe M)-cal!c-d messengeri from the spirit land, only•what -was already known. II announcement thatBishop Fallows of the Reformed Episcopal Churchin Chicago willheal by faith some of the- commondisorders to which flesh is heir is only anotherevidence of the power of suggestion. The follower-?of Mrs. Bddjr are as in arms, because they thinkhe is adopting uaaiL >\u25a0>. their methods. A greatproj>2.ganda. Is expected to result for Christian Pci-ence by the devotion of Jl.'•»».<».' by Jlr.s. Eddyto ai<i tlie i>oor, as it i- purposed to give free in-«tru«-t:<.«l in healing to tno?<- who willpractise it.Mean--. tbtne who aeh to secure a. ahare eCMrf. Eddy's wealth /will take renewed steps to*loj> this diversion or it from her heJrs. John i».SacHcefeOer has added another gilt of more than_. \u25a0 m/CS .\u25a0\u25a0> the i..-..it than a >*ct>re or niiliions Imh«s already given to the Cnlverrity of Chfcaao.

*"Tii«- death rate in mi- city baa been increasedL> two unusual eaasre one the pntanleae* of gripand tiie other the extraordinary number of case*of heart dJs«»i«s^, • ii. >.- 1-i results or (!»• Snancfalstress of the !ast-<few iinontbr. The reo.->r<l oftatal accidents for tite year in this coontry is np-psViir.g, no l^ss than ~.3:9 lsavins betn recorded.wi:lcla even in .i p«'«i>ul3tJcn of nim-xy million's isan r- -•\u25a0"\u25a0'..:•; : \u25a0\u25a0.••; cause of prohibitionsaos <ts decid'-d .idvar.ee by the t<ew •\u25a0•\u25a0nOilionsIn Georgia «nd Alabama in the yoat, .Mlt.'-on^li [n

the latter state the courts have put the law in\u2666be;

-anc<; lor a liin". The ;»rii«'«> myrtevy Un* V-<t

#©;\u25a0\u25a0. sd by tiie.« ihumation fifths Ik<(l>. f«r nlii'.ii•\u25a0"..\u25a0• leati had »•*'!\u25a0 t'Jbstltuted,bjbJ tew it is cijyect^d tl:at th* pcr/'Jifr »iJ|

'<l

taken acrcfp the «<c;-a for ;-ur'-!"~:'_-r. .'ii- i.nv

psy-^f-ycu-*ntcr Ci:rx-. nhicii it i;i-:cj-r*rcd :•» i:i-

trtiucc in thi* cit;-, \u25a0\u25a0-

' proved fo unr'-'J-iii-ii in

Rttataßj that effort? to run toem have been aban-doned.

field, "a noted prohibitionist, who' afterward be-

came chancellor of the University of Nebraska.

TO PREVENT INTERFERENCE.'

And. sure enough, through the Legislature; atAlbany was pushed "an act for the prevention

of Intemperance, pauperism and crime" Its all-ineiusivo title, taking in and attempting suppres-

sion of three world-old evils. caused some ironic

comment among: the wags, but it was passed onApril9. ISoo, to go into effect July 4. 18*5, and was

signed almost immediately by Governor Clark.To those who have complained of "blue Sun-

days" in New York and have decided the Raines

law is a bit of a sham. passages from this act

in Chapter 231 of the laws of 1855 may be of in-

terest as showing, what has been escaped. The

Maine law, which was the pet achievement ofGeneral Steal Dow. could hardly be more In-

clusive than the following:

"Intoxicating liquor, except as hereinafter pro-vided, shall not be sold, or kept for sale or with

intent to be sold, by any person, for himself 01any other person in any place whatsoever;" nor\u25a0hat] it be Riven away (except as a medicine byphysicians pursuing the practice of medicine as abusiness or for -sacramental purposes); nor be

k*pt with intent to be given away in any place

whatsoever, except in a dwellinghouse, in which,

or in any part of which, no tavern, store, grocery,

shop. hoarding rr victuallinghousf\ or a room forgambling, dancing or other public amusement or

recreation of any kind Is kept."

The act further stipulated that liquor might not

be kept in any place thus ruled against. Then, to

make clear just what conditions should be ob-

served by those who might wish 10 dispense liquor

for ••medicinal, mechanical or sacramental pur-

poses." it specified that the would-be salesmenmight be:

"Any citizen, of good moral character, who isan elector of the town or city wliere he Intendsto sell intoxicating liquors, who is not a pedler or

Interested in victualling house, grocery or fruitstore, or any bar room w confectionery, inn, tavern,

or other place of public entertainment nor thekeeper of, or interested in any museum, theatre,

or other place of public amusement, nor the cap-tain, commandant, agent, clerk or servant of or

'o the CuVvrnoi *?•£ i.»l

"Iam not insensible to the delicacy and impor-tance of the duly we assume in overruling an act

of the fi»'tislatiire believed by so many intelligent,and good men to afford the best remedy for greatand admitted evils in society. But we cannot for-Ket thai the highest function intrusted to us Isthat of maintaining' inflexibly the fundamental law;

and believing as Ido that the prohibitory acttranscends the constitutional limits of the leg!s-latlve power, it must be adjudged to be void."

RIGHT TO REGULATE LIQUOR TRAFFIC.The three judges of the minority were represent-

ed by concurrent dissenting opinions written byJudges T. A. Johnson and Wright. They held thatthe Legislature had taken only another step withinIts constitutional right of regulating the liquor traf-fic, in that it had provided for the sale under certainconditions of liquor for •'mechanical, medicinaland sacramental" purposes. Judge Comstock, how-ever, had met this in his opinion by saying:

"Those are. only the occasional and incidentaluses of Urn article. it is the general and primaryuse which Is aimed at. It is the mass of property

which is struck down, and the possible conserva-tion of an extremely insignificant portion cannotchange the character of the luw."

The prohibitionists of the country raised theirvoices against this decision.] in their organs andon their platforms they predicted that New York uswell as every othi:r state would be for '-J to put

the ban on "llrewaler" like one great Indian reser-vation. The circumstances thai enabled a prohibi-tion Governor to get Into office at Albany, how-ever, nave never been reproduced. But It mightbe interesting for those. Net* Yorkers who growl

at the laws in Maine or the drugstore and pre-scription shibboleth for the thirsty in Kansas midthe local option states of the South and Southwestto speculate on \»hat might have bean had theCourt of Appeals been divided differently.

Would the (.treat White War, far example, beso white?

And would Scotty •<( Death Valley have hir^d \u25a0

up rial train to break records across th# continentl'j.l•\u25a0• livn instiled on reaching l^ns A>.:reBfj'iarc he ci'uUl hUv<; cb'tainfil alcoholic "drinks"!\u25a0'\u25a0; '.l' !'\u25a0•'\u25a0• i. i!. .' Ii- named .;.«\u25a0>, for "tap-chunical, medicinal or sacnuutntul" uses?

the Constitution are a mere waste of words. Prop-

erty is an Institution of law. and not a result Ofspeculation in science, in morals or economy."

On the value of liquors as affected by the law

lie said it "sweeps them from the commerce of thestate arid thus annihilates the quality cf sal?which makes them valuable to their owner. This

is destructive of the notion of property." In con-cluding the opinion which ended New York's ex-periment in what was then called "the Maine law"Judge Comstork wrote: