The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-04-07


that the Sims anti-race track gambling
amendment would not become law in
time 10 affect the present race meeting
at Benning. Commissioner AIacfarland
suggested to the Commissioners that an
other effort be made by them to have
the United States district attorney pros
ecute, this time on different lines from
those upon which the cases were made
by the police. which the United States
district attorney refused 10 prosecute
during the first week Of the present meet
ing
Commissioner MacfaTland said that per-
sonalIy he would prefer to have the
police raid the gamblers, believing this
would break up the gambling at once.
and that the law warranted such action.
Up 10 District Attorney.
As the Commissioners had decided
otherwise, he saw nothing to be done
except to bring the matter 10 the atten-
ton OF the United States district at
torney in a new way. Indicated by the
advice which the Commissioners had oh
tanned from the corporation counsel,
showing that the managers Of the race
track. apparently the Westchester Rae
ing Association. a New York concern
leasing from the Washington Jockey
Club, could be prosecuted under all the
decisions. including that OF Justice Stat
ford. and that # they were successfully
prosecuted. or even arrested under war
rants which the district attorney could
issue. the gambling at Benning might
be stopped
The Commissioners agreed TO Commits
sioner Macfarlands motion 10 bring the
matter again TO the attention Of the
United States district attorney, and did
so in a letter framed by the corpora
ton eounsel's advice. which was sent
10 the United States district attorney on
Friday last
The Commissioners received his reply
refusing to arrest or prosecute because
of the Justice Stafford decision. In turn
the Commissioners yesterday afternoon
wrote him, pointing out the distinction
between the Stafford decision and others
cited 10 them by the corporation counsel.
different class Of cases which they had
recommended 10 the district attorney
Commissioners First Letter.
The following is the letter written 10
Mr.. Baker. when the Commissioners de
termined on the new policy, asking his
cooperation:
April 2. iss
Hon. d. ". Baker. Attorney Of The United States
for the District Of Columbia.
Sir: The Commissioners are advised by the coz
poratien counsel that DO case has been presented
20 the courts which charges the Managers and pro
moteFs Of horse races at the BenHing race track
With responsibility fer, first. keeping a gaming
table; second. place for gaming, anJ. third with
inducing, eniiciug. CT permitting person or per
sons to bet Ct play al or upon any gaming table or
gambling device as described in the code
They are also advised that the Court of Appeals
has decided that q horse race may be q game of
chance or game upon which a bet is placed. and
may be. therefore gaming table within section
s65 of the code. and that Mr. Justice Bradley held
IN the klisn case thst If bookmaking Is conducted
as an adjunct TO IN association with the setting
Up and Keeping of a gaming table OF the
keeping of a gaming place. place for gaming, iC
would be violation q ihe act Ct ls2' ssction So
cf the code
Il is manifest to the Commissioners laud. they
think, also % The community in general that gam
hng Is permitted az the Beuning ra2e track by
ducsd. enticed CT permitted 20 engage in gambling
al said place Owing 10 technical difficulties and
the absence z means Cf slmmoning witnesses. Il IS
beyond the power of the District auhCritss 70 fur
nlsh strict proof that such gambling IN the keep
ing OF a gaming table, or place for gaming OF in
ducnE euticing. CT permitting persons 90 het or
piaE az or upsu such gaming table, is being done
Ct permitted at the BeHuing race track
The Commissioners advise y0u. however that the
Washington Jockey Club IF the District q Column
~ u
on the z0ih day # January. 1905 it leased the
Benning racefrack property for tenn q twenty
years frcm JanuaTy J, 1888. ~ rental Of sA90
annually % the Westchester Racing Association
The latter association is Incorporated under the
laws of the State Of New YORK. but the names of
the officials 0 this asscCiaiCH are net recorded IN
this jurisdiction. as far as known
ihe uames ~ the orHCers and directors of the
Jockey Club so forth IN the articles q lrcor-
pCraticu. and these with the lease mentioned c1p
b. found in the oa5ce of The recorder Of deeds
The Commissioners learn from the report of the
maor and superintendent Of police that one John
J. CaYanangh has been. and is now. employed hv
the WestCheSteT Racing Association. and that from
him the b7oknIakeTs offering wagers secure the
necessary supplies and pay sCme consideration for
occupation nf the grounds. Csteusiby as paynef.e
foT the supplies mentioned Il is Eekn0vn that
prizes are distributed among the oWners Of tho
races
Inasmuch yon have in your hands the neces-
safy legal machinery to ascertain the facts which
VIII establish that the transaction mentioned con
stitute an ofense under the code If this District
and the Commissioners have not We respectfully
suggest that y0u make the necessary Investigation
at once and proceed With the prosecution Of these
cases.
The Commissioners viii be glad to pIncr al vour
disposal any Oiicer or officers of The Metropolitan
police forcs whom you may find it advisable 10 use
ia ibis w0Tk.
The Commissioners write this letter 20 you in dis
charge of their Tiblie duty in the premises.
Very respectfully.
H. B. F. MACFARLAND.
President q -he Board of Commissioners Of the
District of Columbia
Hr. Bakers Reply.
Mr. Bakers reply here follows:
Oifce of the United States Attorney.
District of Columbia
Washington .. c. April 1913
Hon. Henri 4 T. MaciaGland President Board ~
Commissioners District Of Columbia. Washing
ton D. C.
Sir: Your letter Of the I'd instant. in which raa
tate that the corporation counsel advises you that
10 case has heen presented 70 The courts which
harges the msusgfEs ard promoters Of horse rscas
L Benning TRACK with responsibility for: First
ceUing gaming table; second place for gsniaa
nd third. with inducing enticing OF permitting a
ersen cT IPTs0Es to oct OF plag a. or urou any
aiming table or gambling device as described ia thu
ode. has been received hy ard carefully con
idered
Y0u are evidently net aware Of The facs that the
Thele matter involTed in y0H letter vas fully
Continued on PAGE =, Column 4.
Siding. $3.50 per 100 feet. A big cut.
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