The Washington herald., 1908-03-12

Despite the opinion o.. Justice Stafford.
handed down yesterIa,. sustaining the
demurrer in the case Z John Walters.
the ''perambulating' bookmaker. tbs
I Commissioners OF the u strict OF Colunl-
bia viii use the police. power vested in
them by Congress. and VIII allow their
instructions. issued 10 Iaj- Sylvester sew
eral days ago. to mai e arrests al Ben
ming. remain undisturf ed.
Commissioner West EiH ask his fellow
Commissioners to uu tie in a letter 10
District Attorney Bal .er. asking whether
he viii furnish war; ants against alleged
offenders at the race track upon informa-
ton furnished ~ IN police.
If the district al torney declines. It Is
altogether probable that a detail OF de-
teetives viii be Sc N TO the track on the
opening day, ana arrest every man who
IS found making a book
Ready 20 Make Raid.
The Commits stone rs and the police de-
partment staud re' idy TO raid all the
bookmakers who may assemble at the
Benning race track said Commissioner
West. and II. fter they are arrested.
they are turned loose. the responsibility
viii not be with the Commissioners.
Commissioner Macfarland said he had
not yet had an opportunity 10 look at the
fun text OF ustlce starord's oD.nion
sustaining the. demurrer. and referring 10
himself and his feIlow-Cominissioners.
he said:
We shall Go whatever is possible to
break up ? ace-track gambling shall
want the corporation counseTs opinion
after he m IS examined Justice StaTord's
ruling. as 10 what Il is possible for Is
10 90 in ne premises"
. Commif sioner AIacfarIand added that
! whateveI the present status Of the law
may be il was clear that new law.
: sncn - the Commissioners had recon-
mendef TO Congress. was needed. and he
expreS sed the opinion that the situation
could be cleared by the passage Of such
a la 81.
R strict Attorney Baker will today
not an appeal from Justice staTords
de- -ision. but it appears 10 he clear that
ID case VIII not be reached by the Court
q Appeals until the April term. unless
Nr. Baker appears and asks that the
case be specially set for argument
Mr. Baker WIZ Argue.
II is Mr.. Bakers intention to argue the
case Of Walters in connection with that
OF William Davis. the New York book
= maker, who was convicted more than ff-
teen months ago OF an ofense committed
two years ago. Davis was indicted in a
test case. and. after pleading guilty. was
sentenced in November 1906. 10 spend one
hour in jail Davis useG al the para
! phernalia Of a bookmaker. blackboard,
e occupied a permanent position sat on
: stool and employed a sheet writer It is
practically conceded that this method OF
e making book is IN direct violation OF
r the law. and the opinion appears 10 be
prevalent that there IS 70 doubt OF the
z Court Of Appeals sustaining the convic-
a ton
e Following the Davis case. the book
/ makers took advantage Of Justice stat
It ford's instructions to the jury. which
n were TO the effect that the law as framed
T required the use Of paraphernalia 10
cause its violation.
$ tons TO Justice Stafford's instructions as
4 10 what constituted violation or the
h code: notably. that the making OF a
number OF bets by one person did nor
4 constitute a bcokmaker in the sense that
: it was setting Up and maintaining a gam
, ing table. Notwithstanding the fact that
/ the boc&makers Immediately changed
o their tactics to conform 10 this ruling.
I and that he believed that these tactics
3 constituted the setting up Of a gaming
table. Distr., lttorney Baker allowed
: more than yer 10 eIapse before he OBJ
b tained the indictment Of a ~perambu-
lating' bookmaker, and then only at the
= suggestion OF The attorneys representing
5 the Jockey Club. who became apprehen-
/ sive that the conditions at Benning were
awakening widespread criticism.
This AwakenS Comment.
This second case 10 determine the status
[ OF the perambuiatOrs could have been
e brought al any time within the past If
< teen months. It awakenss comment. TO
say the least. that Nir. Baker should
4 become active in securing a determination
OF both the bookmaker with parapher-
? MALTA and the one without a. a tine
c when it is not likely that the Court OF
c Appeals can hear both cases without dis
Q turbing its regular assignments. How
= ever. It is the custom IL courts to ad-
vance for argument. at the request Of the
: district attorney. cases wherein the in
: terest Of the public at large Is concerned
e and it is thought Mr.. Baker viii become
alive 20 the crying demand OF the peo-
pie of Washington TO appear al once be-
fore the three justices constituting the
Court OF Appeals OF ,he District OF Co
: lumbia and request that the cases CT
William Davis and John Walters be
= specially set for argument
y To a reporter for The Washington
5 Herald Mr.. Baker said:
: The case decided by Justice Stafford
b viii be appealed 10 the Court Of Appeals.
and be argued with the Davis case
: Justice Stafford, Ia his opinion, traced
J, the distinction between the two sections
OF the code. one referring 70 the city OF
Washington and within one mile thereof.
Continued on Page ?, Column l.
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