Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-12
NELSON'S PLACE NEXT
Another Establishment to 60
Out of Business.
JACKSON CITY FIRM
VICTORY FOR STATES ATTORNEY
IN ALEXANDRIA COUNTY.
Agreement Under Which Managers Of
Resort Promise to Discontinue
Operations Saturday.
JACKSON CITY FIRM
Special Correspondence of The Evening Star.

Special Correspondence OF The Evening star
ALEXANDRIA. Va, January II, 1905.
The pool room operated at Jackson City
under the alleged management of the Vir-
ginia Telegraph Company will be closed for
good Saturday, according to an understand
ing reached between Commonwealth Attor-
ney Mackey of Alexandria county and At
torney Charles Bendheim representing the
Virginia Telegraph Company. and John
Nelson who Is understood to be one OF the
proprietors of the place.
Mr. Mackey said this afternoon that
pledge to that effect from the representa-
tives of the Jackson City resort had been
accepted by him as the best solution CT the
questions raised. By it prospective legal
controversy will be avoided and the pool
room will be closed. according to the agree
ment as soon as this can be accomplished
upon the processes employed at law.
Sheriff Palmer. by direction of Mr..
Mackey went yesterday to Jackson CITY
and informed the managers of the resort
that their place must be closed. The sher
if was requested to present warrants
against the proprietors; he mace d re-
port to the commemorative attorney. VINO
prepared warrants to be tried Saturday De-
fore Justice of the Peace ]. E. Supplee-
Later at conference between Mr.. Bend
helm, Mr.. Nelson and Mr.. Mackey In the
Iatter's office the agreement for the closing
Saturday was reached and the warrants
were not issued.
MI. Mackey's Views.
Mr.. Mackey this afternoon made pre-
dction as to the future plans Of the man
ayers of the st. Asaph pool rooms. which.
according to agreement with him, have been
permanently closed in the county. He ex-
pressed the belief that the association
known as the Old Dominion Telegraph Com
pany will attempt to get decision in the
\, ioha nttrtG oil q continuance
bookmaking under it's gentlemen's driving
club and park charter. and Will thereupon
open pool room in some place III Virginia
other than Alexandria county
Mr. Mackey made the following state
ment by way of comment upon the failure
of the st. Asaph pool room people:
They are charged by Commonwealth AT
torney Brent of Alexandria city with vio-
lation of the act of February, 1896 which
the attorneys for the defendants claimed
related to bookmaking on horse racing run
inside the state of Virginia. That has been
the claim of Hills attorneys all the time.
They expect that the court will convict one
or all of them. They may then take 1t to
the corporation court, thence to the court
of appeals where it will probably be held
that the act does only apply to races run
in the state of Virginia. This is presumed
from the title of the act. They will there
fore be released.
THE other pool room act of 1896 having
been declared unconstitutional because of
defective title. the situation will then be
back act which was passed in 1S93-'O4, as
amended. This will be the only statute
available for proceedings against book
making, if the same cannot be reached I'M
der the general gambling laws
Probable Procedure.
when they are proceeded against under
the act of March 3, 1904, they will proba
bly, set up that the act does not apply to
gentlemens driving clubs chartered prior
to 1904. AS they have a charter of a driv-
Ing club, dated prior to 1904, they may claim
the right to do business legally under this
act, which exempts from its provisions any
grounds owned or controlled by any driv-
ing club driving park therefor char
tered /"
The cases against John NJ. Hill, Charles
Burlingame. Louis Bargen and Others
charged with gambling at St. Asaph upon
warrants drawn by Commonwealth Attor-
ney Brent of Alexandria city, will be heard
next Saturday before Police Justice Harry
b. Cation.