The morning times., 1896-01-24
CREDIT PlAA OF BOOKING
# Tried at Benning's 1t May Meet
with Opposition.
so SAYS ATTORNEY DAVIS
Recording u Wager Brings the Parties
Within the Pale OF the Law-Elec-
tion Bet In the City Punishable
Chief Justice Alyey's Opinion as
Delivered in the Fred Miller Case.

Despite the assurances that have been
extended to the management OF the wash
iDgton Jockey Club to the contrary, 1t be-
gins to lock as if the BenninS's meeting
will not be run off with the smoothness
| and success hoped for.
The litigation over the betting question,
which closed up the BeDning's track, prom
ises to be renewed if there is any specu-
lation whatever conducted on the grounds.
In an interview with United States Dis
trict Attorney Birney, which was published
In The Times a short while ago, that
gentleman gave 1t as his opinion that no
opposition would be met with from the
District authorities by the management
of the club.
This opinion, however, was given without
Mr.. BirDey having had time to give much
thought to the subject, and he then stated
that he had not locked into the matter
nor Investigated the system of betting
which was in vogue in New York last
season, which system he understood would
be followed here this spring. All in all,
however, that Interview was very favor
able to the Benning's meeting.
MIR. DAVIS OPINION.
The opinion that Mr.. Henry E. Davis
holds throws an entirely different light
upon the matter, and If his prognostica-
tions hold coed the English system OF
booking win not be looked upon favorably
By the authorities. Mr.. Davis is not only
one of the cleverest ard most learned
practitioners at the District bar, but his
connection with the Fred Miller test case
last spring as Miller's attorney, put him
In position to be thoroughly familiar
with the District laws as regards gambling.
At that time every effort was made by
the management of the Benning's track TO
gain a favorable decision for the bookmaker.
Not point that could possibly be construed
in favor of the bookmaker was allowed TO
slip by and no pains nor expense was spared.
Despite this, however, the case went against
them and but for the fact of its having been
test case, Miller would have been SEN
fenced to q term in prison.
When Mr.. Davis was seen yesterday The
Times gave him n description of the New
York system or betting, explaining in
every detail the method adopted by the
bookmakers, or layers of odds, as they
are termed in New York, OF accepting
wagers.
vi COuTse- Sdiu MI bdNis, hdNS
not given the matter any serious thought
and can only state my off hand opinion.
However, from what I understand of the
method OF betting that it is expected viii
be put in operation at the Benning's track
I should say that it willnot be countenauced
by the authorities.
VERY STRICT LAWS.
1.-The laws against betting in the District
are probably as strict as any anti-betting
laws in the country. Indeed within the
mile limits of the city boundaries they are
extraordinarily strict, 1t being n punish
able offense for two Individuals to make a
wager on an election. Outside OF that
limit il is not quite so strict, but even there
any recording OF bets brings the Parties
within the pale of the law.
..If no records of the wagers which 1t is
expected TO make at Bennings We're kept
the bookmakers could have everything their
own way, but just as soon as any record
of them is made either by bookmaker or
his clerk, then, l believe, there Will be
trouble.
when the Miller case was in my hands I
sifted this question of betting and book
making to the very bottom and allowed no
DOlib " pass Dg WIN Ihsb
ing to see II there was not some way of
beating the devil around the bush,' SO to
speak.
LAS you know the case was decided
against us and 1t was seen then that it was
fruitless to attempt to substitute any scheme
which would allow booking. The only
means by which such point could be gained
would be the passing of an amendment by
Congress. There may be no opposition
met with by the Bennings people when they
open up this spring, but, of course, that re-
mains to be seen"
NOT A BRIGHT PROSPECT.
From this it looks somewhat black for
the Washington Jockey Club, but, as Mfr.
Davis says, the point is such fine one
that there may be no opposition to 1t
whatever. The thing that makes the book
makers amenable 10 the law is the fact of
their recording the bets. As 1t is i'm
possible for them TO conduct business
without doing so it is difficult to see just
how they will get around the matter.
When Chief Justice Alvey, of the court
of appeals, delivered his opinion in the
Miller case, he expressed himself very
strongly on the attempt that is often made
to cvade the letter of the law. In speak
ing upon what constitutes gambling place,
he said:
sit is important as an authority to show
what will constitute "a place within the
meaning OF the statute; and it is also
important in two other respects; first,
as showing the fertile ingenuity of the class
of people intended to be restrained by
these statutes, in devising ways and means
to avoid or evade them; and second, as
showing that the courts will not allow
such devices and contrivances to defeat the
plain objects and policy of the law"