The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1883-03-07
"GOT TO BE BUSTED"
So Says Sheriff Mccall as to Gambling and
He Tells of a Plan BY Which 1t
May BE Done.
District Attorney Cooke Quotes Law To
show Where Responsibility in the
Premises Rests.

81 do not know how it is" said Distric
Attorney Cooke to a LIGHT commissioner,
"ihat the Express folks always give me some
hard knocks in respect to the existence oi
gambling. | have told them and shown them
clearly that the responsibility rests not with
me but with the peace officers, and yet they
persist in error. Even in their report of Judge
Noonan's charge, they include my office, when
the Judge did not name it. 1t looks very
much as if the error was a willful malicious
one"
"Who them" inquired the commits
sioner, sis responsible for the general in ac-
tivity displayed by the city and county Off
Gals %
That question is hastily decided" said
Mr.. Cooke. "Here is Clark's criminal
laws or Texas. On folio us
he cites article 36S, which says
IF any Justice of the Peace, Mayor or Re-
corder shall know the fact that an offense
against the gaming laws has been committed
by any person and shall fail or neglect to
cause such person to be arrested and prose
cuted tor the same he shall be punished by
fine OF not less than SIS and not more than
$Ioo'
"This clearly defines the duty of the Justice
of the Peace, Mayor and Recorder, and the
penalties they entail by reason OF their non
action.
who shall take the initiative step is equally
clear. In Article COG he says: IF any peace
officer shall know that any person has com
mitted any ofiense sganst the gaming laws,
and shall neglect or fail to give information
thereof to some Justice OF the Peace, Mayor
or Recorder having Jurisdiction to try such
offense he shall be punished by fine not less
than SIS and not more than SIoo.'
This shows clearly that the responsibility
rests with the peace officers. Let US therefore
understand what is meant by the term peace
officer. On folio 3o7, using the revised stat
utes as his authority, Mr.. Clarke defines
peace officer to be the Sheriff or his deputies,
the Marshal, Constable or Police of an incor-
porated town or city, and any person specially
appointed to execute criminal process. As TO
the offenses by gambling they are clearly de-
fined by the same author. On pages 100.
ITO, III, liz, II3, ia he describes the Of
lenses as playing cards in public place even
if there is no betting on the games, keeping or
exhibiting table or bank, permitting house
to be used or rented for gaming purposes, and
penalties varying from $40 to SIoo are pro-
vided on proof of the ofenses.
"Now you see where the blame rests. have
no more power than private person until an
affidavit is filed. Then 1t becomes my duty
to lay information before the Grand Jury and
to prosecute the case when it comes into
court. There my responsibility ends. | am
willing at all times to do my duty if other
people do theirs, more especially as | believe
the time has come for action"
The commissioner then sought Sheriff
Mccall, who seemed to be impressed with the
fact that gambling must go, or, to use his own
words, that "this thing has got to be busted"
The only doubtful matter with him was who
Should take the initial step. He thought that
there was a way in which the matter could be
easily treated. Gambling was mostly done in
saloons, the keepers OF which are placed under
heavy bonds for the proper and lawful use OF
their houses. "The action seems to me-"
said Mr.. Mccall, "to be unlawful, and the
officers should go for their bonds. Give me
but the power and instructions and in two
hours I'll close every shebang in the CITY,"