The Washington herald., 1908-04-07
WOULD REACH MEN
BEHIND GAMBLERS
Continued from Page one.

moving Ct standing siil is not the setting up Of
gaming table, and therefore, the carrying on oi
hookmaking cannot be charged under section go
u The code He further held that bookmaking, as
conducted ~ BenniGg outside Of the mile limit, was
lawful therefore. if the thing itself IS lawful the
permitting Of the thing 10 be carried on must neces-
ary be lawful.
Section s65 Of the code Is not directed. however.
against person permitting a thing to be done.
Section SO punishes this. and IL confines us terms
= whoever in the District knowingly permits any
gaming table, hank, or de7ice 10 be set up Or used
for the purpose Of gaming in any house &C
Hence. there is no law Furnishing person for per
hitting gaming on the premises unless there Is some
form Of gaming SCI nap.
IN nay argument before Afr Justice Stafford in
the Walters case ] congended that we should con
slider the substance ard H8t merely the form IN
which the thing was done aud that il made no
difference how the b9okmaking was carried on II
person res0rted 20 Benning track for the plr-
pose ct gaming and taking bets from the public
there cengFegated. and that SO doing Nas setting
up gaming table. AfT. Justice Stafford held that
position untenable for the reason that section So
permitted man outside Of the mile limit 10 make
bet or bets and that there was no difference b.
tween the betting with one man and the betting
with a number
The indictments IN the Walters case covered every
phase Of bookmakipg conducted At the race track
Ihey contained seven counts, charging bookmaking
done by the hookmakeg alone either moving N stand
ING still bookmak.ag done by the booAmaker sup
ported BY a sheet writer and cashier. and bookmak
ing done in many other WAYS and the court. 10 sls
tanning the demurers fled to both indictments
held that mons OF the several counts stated an Of
fense under the law
Since my accession 10 oaice have used every
means 10 prevent gambling In the District Of Co
hnhia. and have far punished mIny persons for
violating The gaming sections Of the code. The
several statutes referring to gambl nE have been
construed hy the courts and IN such construction It
Is decided that the precise method Ct bookmaking at
the BenHing race track is not a e-ime.
In enforcing the law II Is my duty 70 follow
it and not 10 override H. therefore constrained
TO act In obedience to the ruling Of Mr.. Justice
Stafford. II that be erroneous the only remedy to
correct IL is the appeal which have made.
have thoroughly investigated through my Office
the present manner o. betting az Benning and ind Il
Is exactly the method as eel up ia the Walters
I shall continue 20 have the manner Of doing bust
ness there reported 10 me. but viii not prosecute
any who conforms 10 the decision Of Mr.. Justice
Stafford. which decision is the law q this District
unless reversed by the appellate court in the appeal
have taken IN the Walters case EeFy respectfully.
DANIEL ". BAKER.
United States Attorney.
Answer 90 District Attorney.
The second communication Of the COM
missloners TO Mr. Baker was as follows:
hon. Daniel W. Baker. United States Attorney for
the District Of Columbia.
sir; The Commissioners Of the District Of Coum-
bia have the honor TO sekuovlsdg receipt Ct your
letter q the 81 instant e. response % their letter Of
the I'd instant and in repy thereto 90 state that
they advised by the corporation counsel fol.
/ lows
The whole matter involved "a the Commissioner
letter To the United States attorney was not argued
before and decided By Mr. Justice Stafford in the
case Of United States vs. John Walters, That
case involved charge against a booknaker and
presented 30 charge whatever against the Managers
and promoters Of the horse races az the Beuning
/ track.
/ The opinion of Justice Stafford begins:
These are two indictments for supposed ofenses
against the gambling laws The defendant has de-
INJURED % each and every count and The question.
as 70 each count is whether il SETS forth facts
which constitute an ofense. All are aimed at book
making
The indictment in the Walters case did not follow
the form q indictment in the Miller case Is App.
D. c. g. which charged that 'the defendant did
set up and keep a certain gaming table. 10 Wit a
game. device, and coutriFance called boosmskirg.
That indictment was held 10 b. valid. In the Miller
case Chief justice Alvey said
IT has from an early time been held that a
horse racs is a game of chance. and so is a same
81 baseball and So on foot rsce. where wagons have
been made upcn them" He also said:
ard the whole subject has been most carefully
considered hy Mr.. Justice Cooley. concirred in by
bis able associates. in the case q People Welt
hon. 81 Mich. G3 In that case the question
ttrled upon the meaning a the word gaming.
room as used In the statute and il vas held upon
reyicw n an tie prcvio3s cases upon The subject
that pools on horse races or baseball games are
games within the statute against gaming
If the indictment Ia the Walters case had fol
lowed the form q the indictment in the Miller
case. the demurrer # the defendant would have
been oysrraled. aud he would have been obliged 10
proceed 90 trial
In the case q Davis vs. United States the United
defendant rrlp
a b00kmaker ca az indictment which followed the
form Of the Indictment IN the Miller case The
United States attorney filed a brief iu that case.
and said therein quoting from the Miller easel:
With respect 90 the first count Cf the iudict-
ment. charging as we have seen the ofIeuse q
setting % and keeping a gaming table. two cues
tions are presented. First what constitutes a
gaming table within the meaning II the act #
Congress Il lss3 and. second, whether bookmaking
on horse rsce is game Of chance, within the
meaning of the statute.
In regard to the first Of these questions 81 g I'M
necessary 10 90 TO other authority for definition
than 70 the statute Itself. ANY games deviCs, q
/ contrivancss set up or kept for the purposes Ct
gaming n any gambling device. 50 set up and
/ kept. adapted devised and designed for the pur
/ pose Of playing any game q chance for money q
/ property. and TO which the public may resort q
I bet OF wager money IS q gaming table within the
meaning Of the statute. The definition Of gaming
table under the statute does not involve the ordi
Uaft AtNHdEitdi NtlNitlNA OF LADles DIT AElfHll
/ Tor It's statutory meaning upon the means OF con
/ trivances adopted for playing the game.
The Davis case has never been srgusd in To;
/ Court q Appeals, although it has been pending
/ there some time
/ In the case Of the United States Is Klein, Jus
/ tice Bradley said:
/ IF bookmaking is conducted as an adjunct Il
| OF in association with the setting up and keeping
/ Of gaming table within the definition Of the ac
/ Of ISIS the keeping Of a gaming place. rlac,
/ for gaming. it would be a violation Of the act q
/ 1883"
The Indictment in the Walters case did 20
charge that others were induced % play az a gamnj
table as defined in the code. Tho brief Tor the de
PENDANT in that states. That brief referring
| to the indictments in the Walters case. SAYS:
These counts taken separately OF together cllarg
nothing more than that the defendant while NOV
ing about ia the space in front q and under th
grand stand and in the adjoining she'd. offered q
take and did take bets on the races, Of which bet
! he made q memorandum
1T is not alleged that the defendant occllpie,
I any certain place or stayed in any fixed spot; C
that he displayed any programme OF slate or ths
he bad amy assistance; CT that he used any para
phernaia whatsoever; or that he was professiona
gambler.
The first count characterizes his acts as book
making; the second gives no Characterization. Tn
facts themselves only show entirely private trans
actions-the mere act q the private individual Il
making a number Of bets.
The indictments in the Walters case may hav
covered other phases Of bookmaking conducted a
the race track far as the bookmakeFs are coz
cerned but il did not cover. nor has any case cor
cred, the liability q the managers and promoter
Il sueh races for keeping gaming table. or a plec
for gaming OF inducing OF permitting person per
sons 70 bet OF play al OF gpon any gaming table o
gambling device as described in the code.
Very respectfully,
H B. T. MCFARLAND.
President Of the Board Ct Commissioners Of tn
District Of Columbia.
Only One "BROMO QUININE"
That is LAXATIVE BROMO QUININE. Look 70
the signature Of f. ". GROVE. Used the Wog