The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-03-10

The spring racing meeting at Benning
track begins March "a fateful date. VIII
the city give itself over to gambling as
heretofore?
The racing people seem TO believe that
thar wonderful new invention. the am
bulatory system" OF betting is law
proof and police proof
I The major and superintendent Of police
( is opposed 10 race-track betting
The District Commissioners. 1fr- H b
F. Macfarland and MI II l. West. are
strongly opposed to gambling at the race
track
District Attorney d.. W. Baker does not
desire 10 be quoted as to whether ne Is
against bookmaking at Benning or not,
The contention in Official quarters is
that there is not enough law to cover the
subject. This depends upon whether a
differentiation is made between 1bookmak-
ing and gambling one Law. apparently.
was framed 10 let Benning out in the
matter Of pOolsening and bookmakng.
Prosecutions 10 date have been brought
under the law which forbids the setting
up Of devices for gaming.
Quoting the Laws.
There are two sections in the code which
deal with the matter. Taese specify:
Sec. saS Whoever in the Distriet knovinsly oer
Mrs zmlng table bank or dsriee % fe - IN
OF used Tor the purpose q gaming m azy hluse.
building. vessel she'd booth. shelter. lot or other
PREMISES % hia belonsng CT By hm occupied. o- of
which AZ the tine he has possession CT control shsu
be punisheS bs Imprisonment IN The an for not rs-e
than one yea- CT by a fine not c1ceeding 500 ~
both.
See. ss9. Pool Selling. And 50 Forth-It SIAN he
unlawful for any Ieron or association Of persons IN
the cities q Washington and Georget0Tn in the
Distr-ct q Columbia. within sad Districi within
one mile Of the boundaries q said ci,ies. 10 BIT.
gamble or make books or pools on the result Of airy
;rotting raee Or Hnniag Of horses or bot racc
or race Of any kind sny election or any contest
q any kind. game Of baseball ANY person OF as
socistion q persons violating the provisions Of rhis
section shan be fined not exceeding SEQ or Be n
Trisoned not more than ninety dsys. or both
Section $50 is 50 wor1ed rs expressly 70
allow the Benning race track 10 be ex-
empt To make sure Of this COmmmis-
sioner West had the District surveyor
measure the distance from the boundaries
of the city OF Washington to the Ben
ming track Il was found 10 be outside OF
the mile limit. and Of the law,
Long and Hopeless Fight.
The fight to suppress the evils Of tas
Benning race track has been a long one.
and up TO now a pretty hopeless one.
The District Commissioners have author
ity 10 order the police 10 make arrests.
but they must then rely upon the United
States district attorney TO prosecute
The United States district attorney
! thinks il is useless 90 prosecute under
the present inadequate law. and so ad-
vises the major and superintendent OF
police not TO make any more arrests And
Yet, Al the autumn meeting at BenninE
last year, the United States district at
torney asked Maj. Sylvester 20 send A
number Of officers out 10 the track u
watch the gambling.
/ I did il so as 10 see that the book
makers did not SET up permanent stands.
as in the Davis case he saws. but
were kept moving about II IS on this
/ question OF 'ambulatorS' betting that we
are waiting Tor tie courts TO decide
us Il true that il has been because Of
your Instructions that the police OF the
District have not interfered with the
bookmskers at Benning?"
There is no use in making arrests
when there is no law TO justify them.
have told the police that"
May Order Test Case.
What win be your advice to the police
as 10 the public gam5ling at Benuing
during the coming meeting"
Il don't know. 1 may order another
arrest. and have another test case But
I don't feel that there is any use in doing
much until we hear from TIE courts
about the case that IS now awaiting a
decision.
Personally. are YOU in favor Of sup
pressing the gambling at Bennsus race
track?''
4 don't care 70 be quoted as 10 that
particularly 1t is a broad question. It's
all right for man to bet II he can
afford il; the evil in il comes from the
men who overplay themselves or bet
their employers money. It's a bread
question, and there is two sides to il"
Then there is nothing you can suggest
that can be done by the authorities to put
a stop 10 bOokmaking al Benning?"
Not unless the courts decide in our
favor in the cases we already have. or a
new law is passed covering the case. We
have done al We can"
II is precisely ar this point-at yne Of
fee OF the United States district attor-
Iney-that the movement 10 wipe away the
disgrace Of public gambling from the
Continued on Page :, Column 5.
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