Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-30
RESUMES HIS CRUSADE
ATTORNEY MACKEY AFTER AL
LEGGED POOL SELLERS.
Warrants for Proprietors and En-
ployes Of the st. Asaph Room
Being Argued.

Commonwealth Attorney Crandall Mac
key of Alexandria county, Va, resumed his
legal crusade against the st. Asaph pool
rooms before Judge Charles E. Nicol Of the
circuit court, sitting at the county court
house on Fort Myer Heights today. On
the desk of the commonwealth attorney
were about dozen warrants against al
legged proprietors and employees of the pool
rooms at ST. Asaph charging them with
conducting a business of gambling on horse
races in violation of the laws of the state.
Judge Nicol asked Mr.. Mackey which
warrant he wished to take up.
I'VE will proceed in the case of ]. NJ.
Hill, because l think that will decide all
the points at ISSUE" said Mr.. Mackey.
This was the warrant which was used in
the recent proceedings in the matter of q
temporary writ of prohibition whereby all
the cases were prevented from being taken
for trial before Justice of the Peace Jona-
than r. Hagan, to whom the warrants
were returnable.
At the opening of the case question
was raised as to the whereabouts of the
original papers containing the several OBJ
jections which were filed at the hearing
IN Alexandria June IL. The papers could
not be located, but a copy was at hand
and the proceedings were continued.
The commonwealth attorney, who had
the opening, read first the warrant in the
Hill case and recited the statute under
which 1t was issued. He spoke of the ex-
ceptonal Importance of the case. and de-
clared that If the contentious of the pc
titoners are true Virginia is the only asy-
lum In the country where race track gam
bling can be carried under the pro-
lection of the law.
The baneful, demoralizing influence of
the enterprise of gambling on horse races
has been emphasized he said, in a decision
nv ha tat
Mr.. Mackey then recited the legislative eff
forts in Virginia against gambling. He
said that 1t had commenced In 1892, when
an act passed, amended the following
year, intended to reach every possible
form of putting wagers on horse races. The
Mushback amendment, Mr.. Mackey said,
practically nullfed the original act in that
1t excepted from its provisions county horse
show associations and driving clubs before
chartered. Another act, Mr.. Mackey re-
cited. had been passed in 1S95-96, in regard
to pool rooms and race track gambling.
Still another act, more complete and COM
prehensive. he continued, was that of Feb
ruary, 1896.
This was entitled AN act to prevent gam
| bling and selling or making books, pools or
| mutuals within the commonwealth of Vir-
| ginia." This enactment, he said, explicitly
declares against betting on any games or
| trials of speed in county clubs, driving
| parks and horse show associations, and
against receiving, forwarding or purport-
! ing to forward to any other place wagers
/ to be recorded any races, etc. Both
| acts, the commonwealth attorney went on
| to say, were approved on the same day
| and that both were brought into question
| in the court of appeals. The decision was
| adverse to the first act with regard to race
| track gambling, holding 1T to be effective
| only against pool selling, but declaring the
| second act to be lin all respects in full
| force and vigor" 1t was under this act
that the warrant in question was issued.
| Attorney Mackey then rected the grounds
| set forth in the petition for the writ of
| prohibition and read the reasons relied
| upon by the state for demurring to the
| granting of the petition.
| Statement by the Court.
| After Mr.. Mackeys argument was con-
| cluded Judge Nicol said he had issued the
| writ on the allegation that Jonathan r.
| Hagan had not been properly qualified as
| a justice of the peace, and because of this
| allegation he said. he would overrule the
| demurrer and require answer from the
| commonwealth attorney.
| Mr.. Mackey accepted the decision and
| proceeded at once to the framing of his
| answer. Court adjourned for the noon
| hour. after which proceedings were re-
| sumed and were in progress with the read
| Ing of the answer when this report closed.
The answer alleged. among other things.