Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-29

| ney mad the matter OF issuing a
warrant under advisement. and
that he will inform the police de-
partment when he is fully prepared
| to proceed.
| The renewed gitati concerning possible
| elimination of the betting ring at Benn!ng
| this year grew out of the recent reference
to the District Commissioners of the bill
| introduced in the Senate by Senator Dill
! lingham, which contemplates an amend
ment TO the District code relative TO bet
| ting, gambling bookmaking and pool sell
! ing. The Commissioners asked the views
Of the superintendent OF police on the BIN
| and Maj Sylvester stated that his depart
| ment on several occasions during recent
| years had secured information against
| those engaged in making wagers on horses
at the Benning race course, but upon pre-
sentation of the facts to the United States
attorney, the department had been inform
ed that no prosecution could be had under
sections S65 9GS and 500 of the code He
added, however. that this before the
ncumbency OF the present United States
attorney, who, he had been informed con-
! sidered the present law sufficiently broad
for successful prosecutions
On the strength of the foregoing state
ment the papers in the matter were
ferred TO United States Attorney Baker
who replied with a letter 10 Commissioner
! West. in the course of which he gave a
| brief review OF the previous court cases IN
connection with efforts 10 stop betting at
Bennins.
United States Attorneys Letter
Mr.. Bakers letter. in part, was as fol-
| lows:
IN cto hot CsS
and 500 of the code merely carry into the
code the several prior acts of Congress In
relation 10 the subject-matter therein con-
tanned
Under the decision in Miller agt United
States, DC. App, g. the Court of Appeals
held booknaking on horse race to be a
game of chance. or gambling device
trvance, within the meaning of the act of
Congress of January 81, 1888, which has
been carried forward into section $50 of the
code.
IN the year 1888 the stewards of Benning
race track were prosecuted in the Police
| Court frg permitting "A gaming table To
| he set up the premises. The case was
Submitted tc jury and the jury dis
| a=r, ct.
| .Sbortlv thereafter there was brought In
| the Supreme Court of the District of Co
| lumbfa the case of United States w. Max
! Klein, whersn Justice Bradley instructed
| the jury to return a verdict of not guilty, on
| 1.-THE ground that what the bookfnahers-or
| LAYERS of odds as they We're called-were
| then doing al the Benn,ns race track WIS
| not the setting up of q gaming table within
| the meaning Of the several acts OF Con
| gress
| .'The reasoning of Justice Bradley IN so
! instructlng the jury. il would seem, Is con-
| trary' TO the decision of the Court OF Ap-
| meals in the Miller case. AT that time tine
! government had no right Of appeal in crinr
| inal cases.
| "In regard to this proposed bin. it appears
| that the object thereof is to punish not only
| whose gambling
| Is carried on but also the individual who
| participates in the gambling by placing bets
| This bill does away with what we might
call the one-mile limit, and Furnishes all who
NAV offend within the District OF Columbia.
| and in this respect is a material amendment
! to the present law.
| Whether or not our court would now fol-
] low the decision OF Justice Bradley I'm the
| Klein case or the decision of the Court of
| Appeals In the Miller ease. could only be de-
! terrnined by a further prosecution under the
sections of the code now In effect
Would Justify Criminal Proceedings.
"As to the bookmakers at the Bennins
| track, am of the opinion that the present
law, as interpreted by the Court of Ap-
| peals, would justify criminal proceedings
against them.
1T must, however, be remembered that
the persons now engaged in racing horses
at Benning have expended large sums upon
the strength it would seem, of Justice
Bradey's decision. and while In law they
might be liable to prosecution. yet, In view
of this fact, IL might De dlihcuit 10 OBTAIN
a conviction.
Acting on the letter of the United States
attorney the Commissioners directed the
superintendent of police TO make an ar
rest and with the latter's report concern
ing the action of MI Baker In again taxi
ing the matter under advisement the
campaign is temporarily at rest.
Provisions of the Code.
Section 500 of the District code pro-
vides that It shall be unlawful for any
person or association of persons In tho
cities OF Washington and Georgetown, in
the District of Columbia, or within said
District within one mile of the bound
aries Of said cities, to bet, gamble or
make books or pools on the result of any
trotting race or running race of horses,
or boat race. or race OF any kind, or any