The times., 1897-04-25
NACERS ON BENN|NG TRACK
Inspectors Report Concerning
Alleged Betting Methods.
THE ANTI-GAMBLING LAWS
Question as to whether the Book
makers Operations at Benning
Course Are in Violation of the
Statute-Judicial Determination of
the Matter VIII Be Welcome.

District Attorney H. E. Davis has re-
ceived from Inspector Hollinberger, chief
of the detective bureau, his report of the
Investigations recently made by members
of the force into alleged gambling at the
BennIng race course. It is probable that
the report will be placed before the grand
jury, and those who were engaged in the
investigation may be summoned before the
jury to give evidence more particularly of
their observations.
Inspector Hollinberger is understood to
have informed the district attorney OF the
methods adopted at the race course to
further the betting. The bookmakers are
said to have acceptedmoney wagered, tai
ing note OF the names OF the depostors,
together with the amounts deposited, but
giving no receipts.
The boOkuakers did not solicit bets,
and where the party offering was known
to be responsible, no deposit of the amount
to be wagercd was required. Successful
depositors were paid off immediately after
the conclusion OF the races upon which
the money was laid.
This form Of wagering money is said
To be in violation of the first section Of
the law of 1888, if violation at all,
and that section provides, in substance,
that every person who shall, within the
District, set up or keep any gaming
table, or any house, vessel or place on land
or water for the purpose Of gaming or
gambling device, commonly called a b. c.
faro bank, +. o., roulette, equality, Keno,
thinlbles, or little joker, or any kind of
gambling device for the purpose of play
ing any game of chance for money, or
who shall induce others to let or play
at or upon any such gaming table, shall
he adjuhged to be guilty OF a uisdeneanors
and Shall he punished by imprisonment for
a term not exceeding five years.
Mr.. A. A Birney, when serving as dis
trict attorney, decided that the form of
betting now in vogue at the Jockey Clubs
tracks, was not in violation of the law
of 1888. He held, it is alleged, that the
provision Of that act which declared nll
games devices, or ContriyanceS at which
money or any other thing shall be let or
wagered shall be deemed to be a gaming
table within the meaning of the act, was
not applicable to the form Of betting or
wagering at Benning.
Mr. Davis recent request OF Justice hing
ham that the grand jury be charged
specially as to gambling in the District,
and his declaration at the same time that
he proposed to rigidly enforce the law
against gambling, followed by the invesUt-
CATION noted, would seem TO indicate that
he will at least make a careful inquiry,
and that he may conclude TO ma ke j test
case against the club.
on the other hand, it is said the officers
of the association in charge of the Benning
course have permitted betting upon the
advice of COUNSEL who assured them that
they are not violating the law.
They are said 20 be anxious for judicial
determination of tine question, and viii
do what they can to further the proceed
ings in court, should the issue be raised
before that tribunal.
1t is recalled that Judge Cole held in the
Miller case that bookmaking and pool
selling constitute an offense against the
act of $50, and that decision was af-
firmed by the court of appeals. 1t is
claimed, however, that neither book
making nor pool selling is permitted II
Benning.