Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-26

diately set t6 work to discover new pastures
where they again could lay the green cloth
gamester. Finally the scheme Of the ark
was hit on. Clever attorneys were con-
suited and they gave It out &c their frank
opinion and Judgment that neither the fed
eral authorities. the District authorities nor
the law officers Of Virginia and Maryland
could interfere II an ark was built and the
anchorage often changed so that the
waters Of Virginia or Maryland or that
part OF the river which Is under the judi
cial control Of the District Of Columbia
should be freQuented In alienation.
None to Modest.
For several months the ark has been
running at no small profit. 1t Is said, and
absolutely unmolested by the authorities in
Virginia or Maryland or in the District.
Just why does not appear to the laymen.
Under the law a gambler Is not a citizen
with any visible means Of support. That
makes him vagrant, and more especially
under the very stringent District law which
Of leisure.
There has always been some doubt as 20
the jurisdiction on the river. Owing to
conhictfng descriptions in relation to the
Potomac contained in the Royal Grants
OF the old days there was trouble over the
river and differences of opinion as 20 Just
who should arrest culpritS on Its waters
There was the warmest sort of controversy
spect for many years until a compact was
entered into between the two states In
1870. Then there was peace for a whiie
until the controversy broke out anew IN
1878. when a new agreement was entered
into making low-water mark on the Vir-
ginia shore the line and giving Maryland
jurisdiction over all water below the Dis
trict line.
This compact stands today under the old
charter granted Lord Baltimore on the
Maryland side and that granted Lord Gull
pepper for the northern neck of Virginia.
There the matter now stands. and thefe
seems to be small difference as to just
what power the authorities have. Common
wealth Attorney Mackey of Virginia Is
authority for the statement that he can do
nothing. Mr. Mackey expresses himself as
being very regretful that he is placed in
such position, and the fact that he has
headed numerous raids against gamblers
OF all description seems to bear the con-
tention that If it were left to him he would
soon put stop to the games now con-
Quoted on the ark.
Mr.. Mackey's Lack Of Power.
'If a gambler" said Mr.. Mackey, "is
standing on the Virginia shore, ankle deep
in water, the law is such that 1 can do
nothing to him. I have had letters from
many persons illustrating just what is
being done on this boat. 1t has not been
a very long time since a deputy marshal
came to me and told me that his son was
being ruined on this boat.
II went into the matter then. and only
wish that 1 could have gotten these fell
lows. within my jurisdiction. 1 can do
nothing so far as 1 can see. 1t is plainly
the duty of the Maryland authorities to
take this matter up, for they have abso-
lutte jurisdiction over the river and over
this boat
Mr.. Mackey then read the law referring
to the charter grants to Lord Baltimore
and Lord Culpeper. Harbor Master SUIT
ton told Lieutenant Smith of the AleXan-
ydria police force, according to the latter's
statement that nothing could be done to
the alleged gamblers SO long as they
moved the boat about. Acting on this
basis; apparently, the Heath ark has
changed it's location repeatedly. Mr..
Mackey, however, insists that the COM
monwealth attorney in Prince George
county can order any arrests on the river
for violations of the law If he so desires.
Mr.. Mackey says that the attorney for
that county has absolute authority in the
premises. Here again is a vast difference
of opinion. Mr.. Magruder, the incumbent,