The Washington herald., 1908-03-22

Benning.
This time Mr.. Baker win not be COM
PEELED TO go after the bookmakers.
whether they be Of the perambulating
kind or some other kind, but will be
enabled to hit directly at the Washington
Jockey club or its stewards.
Under a decision given by the corpora
tion counsel to the District Commission
ers yesterday which the Commissioners
discussed az length and not without some
dissension. it is made possible for the
United States district attorney to stop
the gambling on the Benning races.
The decision Of the corporation counsel
that part in which the possibility FOR
new action is disclosed-reads as follows:
warrants May he Obtained.
But If bookmaking is conducted as an
adjunct to a game OF chance in form OF
horse race, then the parties conducting
/ such race mot the bOokmakers) are re-
| sponsible and on warrants duly obtained
may be charged with setting up or keep
ing gaming table or place for the pur-
pose of gaming or knowingly permitting
/ a gaming table to be set up or inducing
persons TO bet upon such gaming table.
and on a trial OF such charges the liabili-
| " Of such persons may be determined.
In the absence OF a warrant I do rot
| advise arrest in such cases"
Under this portion OF the District stat
utes il is. therefore, pointed out by the
corporation counsel that the Commission
ers may obtain information that some one.
which is in this case. the Jockey Club. or
rs stewards. are permitting those things
which are expressly forbidden by the law.
Last night the Commissioners sent or
ders to Mai Sylvester, superintendent OF
police that he should instruct his men TO
take all information bearing npon the
suggestions Of the corporation counsel
when the meet opens tomorrow.
II Is not the intention OF the Commits
| sioners 10 make arrests although Com
missioner Macfarland held out ali yester-
day that arrests should be made. and the
consequences. If any there were. taken
gracefully.
/ The information taken by the police will
be turned over 10 United States District
Attorney Baker. and IT will then rest with
him 20 again prosecute the gambling Gle
ment at Benning.
The decision Of the Commissioners 10
rest their case upon this newly discovered
portion OF the laws Of the District was
made after protracted meeting at which
Commissioners West and Morrow took
sides against Commissioner Macfarland.
Consider the Report.
When the Commissioners met they al
once began the consideration Of the re
port made to them by the corporation
counsel on the question Of whether il was
possible for the police of the District 10
safely arrest bookmakers at Benning.
a brief summary OF the report reads as
follows:
"Bookmaking. as such as the law now
stands. is not unlawful Bookmaking be-
yond the mile limit having been declared
lawful. unless the attorney Of the United
States will advise on all material facts
being presented TO him, that it is lawful
to arrest boOkmakers. the Commissioners
have no authority TO order such arrests
70 be made. and therefore. being without
/ Jurisdiction, their order Will be null and
void. and will. in my opinion. afford no
protection 10 any officer acting thereun-
der
Under this decision Commissioners West
and Morrow thought It would not be wise
10 instruct Mai. Sylvester to have the
1 ''bookies" arrested tomorrow. while
! Commissioner Nlacfarland maintained il
could and should be done.
Mr.. MacfarlaDd however. was outvoted.
and the Board Of Commissioners decided
that the only hope seems TO lie in the
other statute dug up by the corporation
! counsel.
NRcfarIand'S Statement.
After the conference Commissioner Mac
farland gave out. the following statement:
! move that the Commissioners adhere 4, their
oder for the arrest hs the police department Of all
! I,r1DS gsmlaing AZ the Benrhs race track al the
| aTing meeting beginning MOuday next including
the managers responsible for ;be gambling and the
gamblers themselves.
believe the Commissioners. as the executive OIL
GERS Of the District Of Columbia shonld resolve an
! doubts respecting tho law in favor Of the lar and
the public. ard against the gamblers. and should go
the limit Of their powers n break up the gambling
at BCming 1acs track. which Tobs our community
Of large amounts Of money and has demoraliziag
| Influence
After arrests have hecn made if tho district att9T-
ney fer the United States, the prosecuting officer
under the law declines % cooperate with the Com
missioners hy prosecuting the Commissioners will
at least have done their dJty.
| I not convinced b. the memorandum of the cor
pcraton counsel. from whom | differ with regret,
that the Commissioners cannot properly take such
action. but believe that since court has held the
anti gambling sections Of the code void new cases
can De presented under better indictments and with
different erideBce which would be sustained b. the
courts.
In any event. il so that the least the ON
missioners can do II they sho,ld determine nd Ia
adhere 20 the order Tor arrests is 20 have eyenct
secured and inoTmations fled against every ptrsOu
oopccrncd in arranging maintaining gambling at
the Benning Iace track actually engaged in such
gambling.
Statement by Mr. West.
Commissioner West said yesterday:
As matter Of fact, notwithstanding repeated in
teHiews which I have seen in the newspapers. nc
motion has ever been made BY any Commissioner
Continued on Page 10, Column @.
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tied. CITY Offices 1917 G ST and 61g Pa