The Washington herald., 1908-03-02
WHOLE DUTY is DONE
District Authorities Blame
less in Track Gambling.
MCFARLAND MAKES ANSWER
In Reply to Resolutions of Howard
University Faculty and Students,
Cooperation Should BE Directed
Toward Others Who Have Failed.

On the subject of betting at Benning
race track. in assertion that the District
authorities have done their whole duty,
that their consciences are clear and their
course blameless. in respect to criticism
OF lack Of purpose and effort TO suppress
track gambling, Commissioner Macfar-
land has prepared an extended statement
The statement is IN the form OF a letter.
and is addressed 10 President Thirkield.
OF Howard University. representing the
faculty and students. and to Rev. DR.. NJ.
Ross Fishburn, representing the Mount
Pleasant congregational Church: ]. A.
Sterling. representing the Session Of the
Fourth Presbyterian Church, and c. H.
Butler, representing the Lutheran Min
isterial Association.
Statement on Track Gambling.
II follows
have your favor conveying a preamble and
resolutions relating to gambling at the Bennins race
track, adopted by the faculty and students Of How
ard University, in which appeal is made in the
narne Of conscience and Of commerce to the Prssi-
dent and 70 the president Commissioner Of the Dis
trict OF Columbia. and 20 the chief Of police %
operate most heartily with the district attorney iE
ths prosecution of the race gambling cases now
pending and TO cooperate az the very beginning
and trial cf every boOkmaker in the betting ring
by whatever called apd BY whatever device dis
glissd and in reply would say that the District
government has a clear record Of opposition 10
gambling at Bennng. and does not need 20 be urged
10 the further action which il viii undoubtedly take
whenever occasion arises
Advocated Strongest Legislation,
Its latest act on this subject was 20 adopt on nv
motion. 4 stronger sUbutute for the soealled At
chosen bin. prohibiting gambling in any forn upon
which the Commissioners were asked 70 report by
the House Committee on the District Of Columbia.
All the brought by tie district attorney have
been nade by the major and superintendent Of 20
lice Of the District OF Columbia and other cases
would nave been made by that officer. as I am in
fosmed at the meeting at Bennng last November.
but for the fact that the district attorney thought
It desirable not 10 make any more pending de-
cision BY the Court Of Appeals. which has not yet
been rendered
rhe information IN the preamble 70 the resolutions
is mistaken IN several particulars especially ia its
statement that the law has been construed forbid
ding all gambling az Benning. II that we're the
case, there would. Of course have been no gambling
there since the decision.
1t is hoped rEat such a decision may be rendered
but IL has not vet come. While waiting for de
csion. the Commissioners have recommended legis-
lation % prohibit gambling about whose inteFrreta
ton there can b. no question.
Have Gone Further Than Hughes.
In the preamble. Gov Hughes is referred to as
attaching similar egasions Of constitutional law by
some II the same racing associations in New York
State" Therefore. let ne say that al that Gov.
Hughes has done is TO recommend sIch legislation
as has been recommended By the Commissioners. and
that he has nothing 20 do with the enforcement Of
the iav. which. I say here. has always been
pressed by the Commissioner
AT times they have not hsd the cooperation in
this effort that they should have had. and the ap-
peal fer cooperation should have been made 20 9TH
ers rather than TO Them All this 7 say with great
freedom. because the police department which has
done its whole duty in this matter. is not under my
immediate supervision in the distribution Of the
duties Of the Commissioner
Personally. / have repeatedly said publicly and
privately, / am against al gambling, public or pr
Yate. fashionable or uEZeshionable, and in the
name Of conscience and commerce." have done every
thing in power TO stop it in the District Of Co
mmbia.
Resolution as Adopted.
The resolution "as TO the proposed re-
newal OF gambling at Benning In March,"
as forwarded by President Thirkield. in
the name of the faculty and students Of
Howard University. follows:
Whereas the Court Of Appeals of the District
OF Columbia, in decision never set aside By any
court Of equal authority. ruled in the Miller
that under the present laws Of Congress any one
who anywhere by any means induces another 20
bet whether memorandum is given or the bet
20 Eve years N the 2enitentiary; and
Whereas Congress in 1896. after thirty days Of
careful consideration, refused 10 pass the Bartlett
Cameron bill. 10 sanction the New York method Of
race gambling; and
Whereas the New York and Washington associa-
tons. nevertheless carried en- for eleven years at
Benning the very form Of gambling they were
unable 20 lesahze in that bill; and
Whereas by a test case IN 1907 IN a District
court il shown that thL form II gambling had
been criminal all these years; and
Whtreas on the very next dag it was resumed in
essential Contempt Of court. BY the very
professional bOoknakeTs in the same betting ring
with Cnly immaterial change on their part from
sitting 20 standngi aud
Whereas the district attorney is Prosecuting those
guilty Of this palpable evasion Of the Law: and
Whereas Gov. Hughes Is attacking similar eva
sions Of constitutional law by some Of the same
racing associations in New York State where the
have established privileged gambling mOaop-
oily. which, Informed. they seeking 10
extend 10 other CommOnwealths making every
part Of the warfare against them Of national i'm
portance; therefore,
Resolved In the name Of conscience and Of con-
merce that as citizens Of the National Capital we
appeal 20 the President ana 10 the president Com
sioner Of the District Of Columbia, and 20 the
chief Of police TO co-operate most heartily with the
district attorney in the prosecution Of The race
gambling eases now pending.
And earnestly petition al these officers 10
cooperate az the very beginning Of the March
races st Benning for the speedy arrest and trial
Of every bookmaker IN the betting ring. by what
ever name called and by whatever device dis
glised that National Capital may no longer
be dishcnorpd throughout the whole country by the
reports of open gambling carried on in defiance q
strong laws and 'lear judicial decisions