Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-22
Mr.. MACFARLA AND. DISSENTS
Intention of Authorities to Proceed
Along Other Lines.
Views of Mr.. West and Maj. Nor
row-Substance Of Opinion
by Mr.. Thomas.


bling should not be permitted at the Ben
ming race track. the proposed raid on
b,okmakers tomorrow, the opening day of
the spring meeting. has been abandoned.
The decision was not unanimous, Commits
sioner mcfarland declining to affix his
signature.
The Commissioners however. propose TO
proceed along different lines. They have
directed the superintendent OF police to
secure all the evidence possible and file
informations against every person con-
cerned in arranging or maintaining gam
bling at the Benning track or actually en-
gagged in such gambling. 1t is given out
that the Commissioners will also see If
they cannot proceed against the stewards
of the Washington Jockey Club on q
charge of setting up gaming table, al
though officials say the latter plan is
useless. as the question was settled from
legal standpoint several years ago.
During the last few weeks the Commits
sioners have received letters from sOcie-
ties and organizations and private citizens
protesting against gambling at the race
track and appealing to the Commissioners
to take such action as is within their
power to put an end to 1t. The Commits
sioners prepared what is regarded as a
strong bill prohibiting all forms of race
gambling in the District, and it has been
introduced in the House.
Lacking in Authority.
Commissioner West, who has supervi-
sion of the police department. instructed
Maj. Sylvester to have his men in readi-
ness for the raid. In the meantime Cor
poration Counsel Thomas was directed to
report as to the authority of the Commits
sioners in the matter. He gave the opin-
ion, as stated in The Star yesterday, that
the Commissioners are lacking in author
ity to conduct the proposed raid.
The Commissioners held several confer
ences. Commissioner West recommended
that the memorandum of the corporation
counsel be forwarded to the major and
superintendent of police for his guidance,
and the final clause suggesting the liabil-
ity of persons who conduct a game of
chance in the form of horse race be
made the basis of action by the major to
the extent that information be secured by
the police department. and request be
made of the United States attorney for
such action as may be proper under the
Law.
Commissioner West says he believes
that the major is entitled by every con-
sderation of fairness to receive copy
of the corporation counSelS opinion so as
to guide the police department with def
mite knowledge Of it's authority in making
cases against gamblers.
Il agree with Commissioner Mcfarland
that if after this has been done the dis
trict attorney of the United States. prose-
cutting officer under the law, declines to
cooperate with the Commissioners by
prosecuting the Commissioners will at
least have done their duty he said.
Mr.. Macfarland's Motion.
Commissioner Mcfarland made the fol-
lowing motion:
to their order for the arrest by the police
rfy Of at no
Benning race track at the spring meeting,
beginning Monday next. including the
managers responsible for the gambling
and the gamblers themselves. 1 believe
the Commissioners, as the executive Of
1icrs of the District of Columbia, should
resolve all doubts respecting the law in
favor OF the law and the public and
against the gamblers, and should go to
the limit of their powers to break up the
gambling at Benning race track, which
robs our community of large amounts of
money and has a demoralizing influence.
After arrests have been made If the
district attorney for the United States.
the prosecuting officer under the law de-
clines to cooperate with the Commits
sioners by prosecuting, the Commission
ers will at least have done their duty. l
am not convinced by the memorandum
of the corporation counsel, from whom
differ with regret. that the Commissioners
cannot properly take such action, but be-
l:eve that since no court has held the anti
gambling sections of the code void, new
cases can be presented under better In
dictmentS and with different evidence
which would be sustained by the courts.
In any event. it seems to me that the
least the Commissioners can do, If they
should determine not to adhere to the
order for arrests, Is to have evidence Sc
cured and informationS filed against every
person concerned in arranging main
tanning gambling at the Benning race
track or actually engaged in such gam
bling.
When Commissioner mcfarland learned
yesterday afternoon that his motion tC
carry out the raiding plan had been voteC
down by his colleagues he made the fol
lowing motion:
II have no objection to furnishing the
major and superintendent of police witt
d copy of the memorandum of the cor
poration counsel. but L cannot approx.
that memorandum, and l adhere to m,
motion that arrests be made. If the Com
missionerS do not agree to have thd ar
rests made. then, as l stated. at leas
evidence should be obtained and informa
tions filed But the arrests would bt
more effective. in my judgment"
Maj. Morrow's Views.
Mai Morrow. the Engineer Commits
sioner. made the following endorsement
on the papers:
II do not know that any motion has
eyer been made directing the police de
partment to make arrests at the Bennne
race track If such is the case. in the
light of the recent decision by Justice
Stafford in the Walters case, / am now
willing to withdraw my approval of any
motion to order the superintendent OF
police to actually make arrests prior t.
the securing of warrants I'm individual
cases.
Il agree with Commissioner West in hi:
motion that. in the interests of law anC
order. the utmost that the Commissioner
can do in this case is to furnish the ma jon
and superintendent of police with - copy
of this memorandum of the corporation
counsel and direct him to secure evidence
and file with the district attorney of the
United States all information that can b.
secured against every person concerned
in arranging or maintaining gambling al
the Benning race track or actually en-
gage in such gambling, and request the
issuance of warrants for their arrest
concur in this view for the reason that
am unwilling to give my approval to the
suggestion that the Commissioners issue
of police directing him to perform an act
which | am satisfied in advance would be
an Illegal exercise of power"
Mr.. West Explains.
AS matter of fact" Commissioner
West said yesterday. Notwithstanding re-
peated interviews which I have seen fr
the newspapers. no motion has ever beer
made by any Commissioner that arrests