Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1896-04-30

rant in the case is void, because it is
vague and indefinite, and that the com
mitment is nullity, because it is the
duty of the Justice to try the prisoner
for the offense with which he is
charged instead of committing him for
trial before the county court. The
last three claims are granted in the de.
cision.
The court states: "We are of the
opinion, therefore, that while the body
of the act is broader than its title, the
statute is not wholly imperative for
repugna to the constitution of the
State, but is valid law, so far as it
makes rool selling an offense and pre-.
scribes the punish ment for it." Furth-
er on it is stated: "We have said
enough to show, in our opinion, that
there is no repugnancy in the statute
to the commerce clause of the constitu-
ton. Upon the other point we might
content ourselves with observing that.
as We are not trying the issue of guilty
or not guilty, but only whether there
is lawful cause for the detention Of pc.
titioner disclosed by the warrant and
CT mmitment, the effect of the proof
of the law of West Virginia must be
postponed until the trial; but as an ex-
preston of opinion has been sought,
and there can be no impropriety in CIV
ing it, we are willing to 60 somewhat
into this branch of the subject also.
We do not perceive that the fact that
the race upon which the wager is to be
made is to be run in Missouri and that
the money is to be placed in West Vir-
giua at all affects the case. 1t remains
that by the statute the act is made un.
lawful here, and may be punished un-
less it be uuder the protection of the
Constitution of the United States"
Regarding the claim that the war
raut is too vague and indefinite it is
held: "While we think it would be
better practice to state the offense
| more specifically than has been done
| here, we are not prepared to say
that we would on that account
alone be content to quash the pro-
ceedings and to discharge the prisoner.
The remaining ground ofobjection, how
ever, is fatal to the warrant of COM
mitmept under which the prisoner is
held. By section 4106 of the code, as
amended by an act approved March g.
| 1896, justices of the peace are given ex.
elusive original Jurisdiction of all mis-
demeanors occurring within their juris.
diction. The effect of this statute is to
take away from the county or corpo'
ration court the power to try misde
meanors as courts of original jurisdic
tiop.
"For the foregoing ress sons we are o.
the opinion, first, that on account o.
the insuffciency of the title of the act
| under consideration pool-selling is the
| only form of bet or wager that is made
punishable; secondly, there is no repea
| by implication, but the two acts O.
March 5, 1896, are in full force and Of
fective except es hereinbefore stated
thirdly, that the act under which the
warrant in this case was issued was moi
repugnant to the constitution OF the
United States; fourth. that it would be
better practice to state the ottense Will
more precision than has been observed
and, lastly, we are of the opinion that
the warrant of commitment unde,
which the petitioner is held in custody
is void, because it was the duty of the