The Washington herald., 1908-03-10
RAGLAN Is BYADED


Continued from Page One.
National Capital is blocked. I'VE have
done all We CAM seems to be the blank
wall against which effort has hammered
in vain. and which leaves so wide a loop
hole that unless some drastic action is
taken the bookmak4rs will ply their
trade at the Benning spring meeting as
they have done in the past.
CommissIoner Vests Views.
District Commissioner H L. West ex-
pressed himself as decidedly and en-
phatieally opposed 10 bookmaking al the
Benning track. and said:
Il, personally, as one or the Board OF
Commissioners, and the entire board,
are opposed 10 the public gaming that is
carried on by bOokmakers at the Benning
race track. There is no question over
the fact that We should Hike to stop it.
but the trouble seems TO be that the pres
ent law is inadequate. The code law
against poolselling and boOkmaking was
evidently designed expressly 10 exempt
Benning. practically allowing the making
Of books or pools outside Of one mile
from the boundary Of the city of Wash
ington To obviate this we have a bill
pending before the House of Representa-
tives. The bill was introduced on Janu-
airy p OF this year. and, as there seemed
10 be SOME ambiguity about its principal
clause. we have offered an amendment
70 IT," The amendment makes it read as
follows:
Be Il enacted by the senate and House Of Rep
rcseutatiyes Of the United States in Congress as
sembled: That s. shall b. unlawful for any person,
association q persons, or corporation within the
District q Columbia 20 bet. gamble or make books
or pools the result Of any race game sport or
contest 4 any kind. allow the same 10 be done
On their premises; and any one shall be regarded
as violating this section who By any means, any
where. directly or indirectly. induccs OF entices
another to bet. who bets with another. whether
he does or does not make memorandum Of il
or otherwise record II. Any person violating any
provision Of this section. whether acting az an in
diridual the officer or agent q another per-
son. Of association OF corporation shall be
imprisoned FOR not less than thirty days nor more
than ninety days. Any person. association Of
persons or corporation. whether owner iessee g.
agent upon whose grounds premises or race course
any protsion Of this section shall be violated shall
be fined not more than 90 nor less thar 500 for
each and every violation thereof
Up to District Attorney.
This bin. If passed" continued Com
missioner West. should safeguard the fG-
ture AS 10 the present we are in the
/ hands OF the United States district at
torney, who declares that il is useless 20
make any more arrests until the present
/ test case has been heard.
Last fall asked the major and super
intendent Of police what was to be done
about the boollmaking at Benning. He
replied that ne would confer with the
United States district attorney, and later
he informed me that that official had told
him 20 make no more arrests. I have al
ways felt dissatisfied with the policy Of
waiting and doing nothing, but there
seems 10 be no use in taking active meas
ures unless the superintendent OF police
has authority to go ahead from the dis
trict attorney, and the backing, after he
! has gone ahead.
Mr.. West produced the later reports
! that had been made to him as Commits
siOner in regard to this question On
March l6 1906 the major and sGperin-
tendent OF police reported TO the Board OF
Commissioners:
During The past several years tins department ha,
procured information for the formulation Of charges
| against those engaged IN making waEers on ho-ss
,sesng az the Benning race course and upon The
presentation Of the facts 20 The United States dis
trict attorney was informed that no prosecution
could b. had under sections So Sos and $50 q the
code-this was. however. prior 70 the incumbency o.
the present district attorney who is Of the opinion
that the law j. broad enough for successful proseca
ton the premises This department Is Entrusted
Capt. Boardnan who heretofore uroc7lr d iuformz
ton in the premises. This department intnlsted
With the procuring Of facts upon which 70 base cases
in court. and Is prepared. il did heretofore
to obtain the sane; bat If there is a dehcs==5 II
the law for the issuance Of processes IN these cases
II becomes a question for the consideration Of N,
honorable United States Attorney for the Distric
OF Columbia 10 determine. ard have the honor u
reQues, that his opinion be had the merits Of th'
/ proposed legislation.
Proceedings Justified.
On the receipt of this report from the
superintendent OF police. Commissioners
West. on March IS. 1906. made the follow
/ ing entry Of record:
In view Of the statement Of the United States DIS
tric Attorney for the District O; Columbia S. to tn,
! bookmskers az the Benning track am Of the Opin
ION thrt the present law as Indicated b. the Cu1 o.
Appeals would Justify criminal proceedings sgainS
/ them. move that the major and superintendent o.
police be directed 70 make an aires: in order 20 de
/ tsrrnine by test case whether the present law i
ample.
| There followed on this the arrest OF Z
bOokmaker named Davis. and this case
used as a test case, resulted in a decision
that the booknakers' stands. with chairs
\ blackboards. sheets. &c. were illegal
Then came the Introduction OF the peri
patetic," or "ambulatory." system, whlci
has been in vogue since. An arrest ha:
been made Of one of the new-style book
makers. and il is on what the court de
cides in this case that. IN the mind OF th,
United States district attorney. the whole
matter hangs at present.
What mcfarland Thinks.
| District Commissioner II. b r Mac.