Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-07
DECLINES TO PROSECUTE
VIEWS OF MR.. BAKER AS TO
BETTING AT BENNING TRACK.
Informs District Commissioners His
Duty Is to Follow Law, Not
Override It.

In letter to the Commissioners United
States Attorney Baker makes it plain
thai he does not consider betting at the
Benning race track in violation of the
District statutes. He also gives the Com
mssioners to understand that he will not
attempt to prosecute persons arrested
at Benning charged with violation of
that section OF the statutes regulating
gambling and betting
The United States attorney explains that
in enforcing the law it is his duty to
follow and not override it. and adds:
Il am. therefore. constrained to act in
obedience to the ruling of Mr.. Justice
Stafford Mr.. Baker states that after
carefully going into the question he found
that the several statutes referring to
gambling have been construed by the
courts. and in such construction it Is
decided that the method of bOokmaking
at the Benning race track is not crime.
Stafford Decision Is Law.
In conclusion Mr.. Baker says:
Il have thoroughly investigated through
my office the present manner of betting
at Benning and find it is exactly. the
method as set up in the Walters case.
| shall continue to have the manner of
doing business there reported to me. but
will not prosecute any one who conforms
to the decision of Mr.. Justice Stafford.
which decision is the law of this District
unless reversed by the appellate court
in the appeal l have taken in the Wal
tiers case.
When ii became apparent last week
that the Sims anti-race track gambling
amendment would not become law in time
TO affect the present race meeting at Ben
ming, Commissioner mcfarland suggested
that another effort be made by the Com
missioners to have the United States at
torney prosecute. this time on different
lines from those upon which the cases
were made by the police which the United
States district attorney refused to prose-
cute during the first week of the present
meeting.
Prefers Raid by Police.
Commissioner Macfa-land said that per-
sonally he would prefer to have the police
raid the gamblers. believing that this
would break up the gambling at once,
and that the law warranted such action.
but as the Commissioners had decided
otherwise he saw nothing to be done ex-
cept to bring the matter to the attention
of the United States district attorney in
a new way. indicated by the advice which
the Commissioners had obtained from
the corporation counsel, showing that the
managers of the race track. apparently
New York concern leasing from the
Washington Jockey Club, could be prose-
cuted under all the decisions. inc uding
that of Justice Stafford, and that if they
were successfully prosecuted or even ar
rested under warrants which the district
attorney could issue the gambling at Ben
ming might be stopped. The Commission
ers agreed to Commissioner Macfarland's
motion to again call the matter to the at
tention of the United States district at
ca in, n
the corporation cOunsers advice. which
was sent to Mr.. Baker .ast Friday. Yes
terday the Commissioners received his
reply refusing to arrest or prosecute be-
cause of the Justice Stafford decision. and
in turn the Commissioners yesterday
afternoon wrote him pointing out the dis
tinction between the Stafford decision and
others cited TO them by the corporation
counsel which author lied the prosecution
of the different class of cases which they
had recommended.