The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-10-12
JACKSON CITY IS
IN | Full !. ] Il. BLAST 6 |.
The Lid is Taken Of
WhileWaitingf0 De-
Cisionof
HAVE NO FEAR
OF BEING RAIDED
An Air Of Confidence is Worn
BY the Patrons and the Man I.
agement-Nelson and
La La Fontaine Are
Making a Hot
Fight.
From our Regular corresspondcnt.)


WASHINGTON, y, c.. octoberBll
pool room at Jackson City, across the
river from Washington. III Alexandria
county. was In full blast this afternoon.
and the usual crowd OF habitues OF old
ST. Asaph's when that place was in oper-
alton, picked the ponies. The amount
OF business done was rather small, but
the. men VINO are operating the estab-
lIshment. say they will do better 10 -mor-
row. and probably every day until the
18th Of this month. when the United
States Court will. decide whether It can
continue TO do business BY deciding
whether the tional government had the
right to- ccde back TO Virginia land ceded
for a site for the National Capital 1.e
short lease OF lie given to Its promoters.
John G. Nelson and James Lafontaine.
BY Judge Waddl, presiding N the United
States District Court at Richmond, has
feen taken, advantage OF. and With prac-
t'cnliy an absolute protection against be-
hg rnidcd at least until Thursday. Octo-
her 5eth gambling on the races win be
carried on In fearless manner "Across
the River 5 53
4 I4 NcdQy 1OI DuSlIlCSS. tFJ
Z All forenoon corps Of employees Of
the pool room operators was busy put
Z ting the place In order. The telegraph
connections were perfected, and at an
early hour this afternoon, the crowd be-
gan to gather. awaiting the call ITO
post. for the first races at Belmont
and Latonia. The entries With weights,
jcckIes and odds. were posted on the
-, vtp nd hn Of rn nrin o
dope were within easy reachy OF those
! who play on form only.
L Behind the long counter on the south
! side Of the building the same people who
were caught in the raid at4that place
two weeks ago. were seen writing tickets
and taking ir the money. Tho telegraph
Instruments were ticking or paddock"
Eotcs and other Information for the benz
a cfit OF the gamblers.
An air OF assurance that there would
be no molcstation pervnded the estab-
5lshment and the promoters, as we'll as
+ patrons. seemed thoroughly at ease: The
action OF Judge Waddi!l In advising
Crandal Mackay, attorney for the Com-
nonweath, OF Alexandria. not TO make
a raid on the place. is considered BY the
"turfities" as good omen that when
the final hearing in the case will have
. u
POOL room operators will be handed down.
Pending such decision, the hands, Of the
authorities Of both Alexandria county and
the District OF Columbia a re tied. and
7thi5 fact was flashed over the, telegraph
wires yesterday afternoon.
Legality Of Retrocession.
In the habeas corpus proceedings, Nell
son and La Fontaine raise the question.
OF the legality OF the retrocession by Con-
gress 10 Virginia OF that portion OF the
District OF Columbia originally ceded for
the capital This now constitutes Alex
andra county. and the pool room men
say they were In the District OF Columbia
and that their Arrest was without legal
authority.
In continuing the case Judge Waddill
held the defendants In $1,000 each, 49,
the sentence imposed by the Virginia
courts OF six months in Jail and $500
fine. this makes tho amount OF BALI fixed
for each defendant at $500. Bail has been
furnished in each OF the two cases against
the men which grew out of their arrest
twice on similar charges. 1t Is evident
that Nelson and la Fontalne are deter
mined to make hard fight TO escape
the sentence imposed by the Virginia
courts. and Incidentally to carry on
the business OF operating pool room.
May Be Interesting.
1t is possible that the proceedings
brought by them may develop Into one
OF the most interesting questions OF con-
stitutional law ever brought In the unised
States.
The question OF the validity OF the
retrocesslon by Congress was brought
out in the case of Phillip VS., Payne,
which was before the United States su-
preme Courtti in 1876. The same conten-
don was made then, but the unanimous
opinion of the court, delivered by JUS
tice swayne, set forth that while the
act OF Congress was in violation Of the
Constitution, the law Of presumption ap-,
plies to nations. as we'll as individuals.
Seven years ago the United States su-
preme Court had occasion to fix the
boundary OF The District of Columbia at
hghwater mark on the southern shore OF
the Potomac River
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