The Washington herald., 1906-11-16
MAY BET ON RUNNERS
Individual WagerS Will Not
Be Interfered with To-day.
LAW CAN EASILY BE EVADED
No Arrests VIII BE Made at Benning
Except I'm Case Regular "BOOk-
Bettors VIII Be Compelled 20 Keep
MOving-Mr. Bakers Statement.

officials Of the government and officers
of the law who are In a position TO know
the attitude OF the authorities in the mat
| ter of betting at the Benning race track
DO not hesitate to say, that. as long as
/ there is no bookmaking AT the track Of
the kind that has been indicated by JUS
! tice Stafford in his decision IN the Davis
/ case, the authorities will interpose no OBJ
/ lection 20 betting between individuals.
It Is further made known that every
reasonable leniency viii be shown to the
race track people at the meeting which
opens to-day, as long as they keep within
the bounds Of Justice Stafford's decision.
VIII Arrest Guilty Ones.
Should any person attempt. however. to
| set up gaming table in the sense OF the
opinion Of the court, District Attorney
/ Baker, with The aid of the Metropolitan
/ police. Will al once take action and cause
the arrest Of the offending parties.
/ The meaning Of 'bool6maker." as laid
down by Justice Stafford in his decision
on Wednesday, is broad one, and seems
TO include every methodized or system
| atized movement 10 receive, accept, and
| place bets on the races. such, for instance,
as the use Of a uniform TO distinguish the
| wearer and enable the public to easily rec
ognize him, or the adoption OF a motto or
number, or the occupation OF a certain
/ place In the enclosure for such a length
/ of time as 10 constitute a definite place
where patrons may find him. or any other
well-deiined scheme which distinguishes
the man who places and accepts bets from
the general public
District Attorneys Statement.
Bearing on this matter. United States
/ District Attorney Baker yesterday after
noon issued the following statement:
THE Indictment against Davis was
brought for the purpose Of deciding
whether or not at Benning race track
the method Of betting carried on there
amounted 10 the setting I'D Of a gaming
table. The government contended that
the manner OF betting there was no diff
| ferent from what was known as book
making. and that the mere fact that the
bettors called themselves layers Of odds
/ in no way substantially changed the form
or the manner in which bets were made
/ when they were called bookmakers
After the decision in the Miller case,
Judge Bradley held in the Klein case that
I the manner Of betting at Benning race
( track was not the setting up OF a gaming
table within the act Of lSS3 Mr. Justice
/ Stafford holds that the testimony offered
/ in the Davis case tended 10 show that
/ Davis violated section $50 of the Code 10
| setting up a gaming table. Ia submitting
/ the case to the jury he submitted il ON
/ the evidence offered by the government
and stated that that evidence. taken as q
/ whole. would Justify them in finding, il
they believed the evidence, that the de-
T fendant, Davis, set up a gaming table and
/ was therefore guilty under that act.
Depends on Table.
Whether or not every element that
/ the government proved in the case was
necessary to the setting up OF a gaming
table was not decided by Judge stafford.
I For the purpose OF the Davis case he,
/ however, treated the facts offered by the
l government as necessary. as a whole 70
| the setting up OF a gaming table. The
decision Of Justice Stafford makes the
status Of layers of odds as they carried
/ on business at Benning in April last,
I that Of bookmaking. and as they set up
/ their business there, makes them liable
| for setting up a gaming table within the
meaning Of section S65-
The government can only try cases
on indictments returned by the grand
/ jury The government never decides
whether g law has been violated until
/ facts are presented 20 IL. which are claim
( ed to be a violation Of the law. The gov
/ ernment viii prosecute any person who
/ carries on business as a bookmaker al
/ u
| on Of business in the opinion of the gov
/ ernment amounts to setting up a gaming
table. What facts amount 10 that can
only be determined by the peculiar cir
/ cumstanCes Of each particular case"
Police viii be There.
/ It is said at police headquarters that
/ members Of the police force will be on
! hand at the race track to-day; that they
have been instructed 10 keep an eye or
/ the manner in which bets are placed and
! received. It is the intention Of Mai Syl-
vester TO arrest all who violate the pro-
/ visions Of the law as construed by Justice
Stafford. although admitting that it may
not be a violation of the law for two
men to make bets outside the mile limit
/ In such cases no arrests can be made
until the manner of making the bets is
/ declared 10 be Illegal
! Section Sss Of the code, under which the
/ prosecution Of Davis was conducted and
! his conviction secured. is as follows:
! 1T shall be unlawful for any person or
/ association of persons in the cities of
/ Washington and Georgetown, in the Dis
/ trict Of Columbia. or within said District
/ within one mile Of the boundaries Of said
! cities. to bet gamble, or make books OF
pools on the result Of ary trotting race OF
running race of horses, or boat race, or
/ race Of any kind, or on any election. or
| any contest of any kind, or game Of base
/ ball. ANY person or association of per
/ sons violating the provisions of this sec
( tion shall be fined not exceeding $500. or