The Washington times., 1903-09-01
District Attorney Beach
Orders Proceedings tC
Be Begun at Once.
TIME NOT YET DECIDED
Operations to Be Based oD
Decision in Miller Case.
Plea of Promoters.

District Attorney Beach has instructed
Assistant District Attorney Mullowny.
the prosecuting officer in the United
States branch of the Police Court. to
institute proceedings against the per-
sons operating the poolroom near the
District line on the Potomac River. near
Cabin John Bridge. This decision was
reached by Mr.. Beach after a confer
once yesterday afternoon with Mr. Null
lowny.
Just when the proceedings will be in
stituted IS not known II is understood.
however. that they will be based on the
decision OF the District Court of Appeals
in the Miller case. In that case the
court decided that such contrivance as
that now used hy the poolroom opera
tors near the District line is a gaming
table within the meaning of the law.
Managers Ready for Test.
The cooIroom managers are said to
have expressed their willingness 10 have
the law tested, and il is not expected
there will be any trouble in bringing tbs
matter to an early trial before the Dis
trict courts. There is 10 doubt that the
operators. in the event that the decision
of the lower court is adverse TO theii
interests, VII take an appeal
1t is contended by the poolroom man
ayers that the devices used at the pool
room near the District line are similar
to those used at the Benning race track
at the spring ard fall meetings of The
Washington Jockey Club. and that IL
their device is Illegal. then the other
also IS unlawful
BenniEg Bookmakers-
Some time after the decision of the
Court of Appeals in the Miller case was
given. proceedings were instituted
against several bookmakers who did
business at the Benning race track aud
who were accused of violating the NDis-
trict gaming law The matter came on
for hearing before one of the Justices
of the Supreme Court OF the District.
and the accused were discharged. :he
court holding that the method Of beA
ting done at the Benning race track waf
not in violation of the District law.
Maryland Authorities Quiet
The published statements that arrests
were 10 be made by the Maryland au-
thorities have no foundation IN fact
States Attorney H Maurice Talbot has
not yet decided with what ofense 10
charge the promoters. AS soon as lie
has, warrants Will be sworn out ty
Sheriff John w. Collier. and viii be
served 81 cnce-
Il has developed that the promoters
have a trump card up their sleeve 10
spring at the proper time and place.
They are incorporated as the Parker So
ciaI Club. of Baltimore. Their charter
was issued some FIVE years ago, and, ac-
cording 10 the statement of enc of the
leading members, allows them TO exe--
else the club privileges throughout the
State. Headquarters of the club were
for a time II Baltimore, but now. they
say. are on the District line. IN other !.
words, the booth and blackboards are
the property OF the Parker Club, and as
such, the hackers assert. are exempt
from the application Of laws concerning
gambling tables and booths, even should
II be ruled that they come properly IN
der such a head.
Another Defense.
The men behind the scheme say they
have another defense. II is conceded
that no actual betting goes on in the
State Of Maryland. What does go on
there is the posting of results of horse
races. They claim TO have rulings from
the highest legal sources that horse
race is not game of chance. but a trial
OF skin, strength, stamina and enour-
ance A man, they say. may bet on any
thing. but the mere fact of betting does
not make the thing bet upon game OF
chance. On these two propositions they
rely for beating the case in the lower
courts. and frankly state that. If beaten
there. they viii carry the matter TO the
highest tribunal, both In the District and
in Maryland.