The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-02

n hoooSidtioIl dlldlyZEu DelOw
L 4 by Crandal Mackey, of Alex
andria county. AS Common
wealths Attorney. Mr.. Mackey made a
gallant and successful fight against
the plague spot of st. Asaph's. His
opinion on racing laws and customs in
Virginia Is therefore Of unusual value.
Rosslyn, Alexandria county, Va,
March !, 1908.
Editor of The Times. Dispatch:
Sir,-I invoke the power of your
newspaper that always stands for high
ideals to defeat House bill No. All en-
titled "a bill to establish a State
Breeders Association" and providing
penalties for pool selling, bookmaking
and other gambling, etc
If this bill is enacted into law, the
Legislature of Virginia will have pulled
down the bars and opened wide the
gates for every form of race track
gambling, and the laws Of the State will
be powerless to punish the offender.
This bill is a close copy of the Gray
Percy law" which was gotten through
the Legislature of New York by the
race track gamblers themselves.
1t is similar to a law passed by the
Legislature of Maryland some years
ago, which the Legislature promptly
repealed, after finding out that while
IT looked innocent on It's face, 1t hal
the effect of establishing race-track
gambling houses all over the State OF
MARYLAND Even Christian people
and ministers of the gospel by
the score, went to Annapolis and urged
the passage of the Maryland law, un-
der the belief that it would stop race
track gambling, while the race-track
gamblers, who got Zip the bill, We're
enabled to carry on their gambling
and racing twelve months in the year
The bill Is also modification of the
Ives pool bill' that was gotten UP by
gamblers In New York, and supported
by good and respectable men under the
belief that 1t would allow only legi--
innate racing: when. as matter OF
fact. 1t did more to increase profess
sional racing and race-track gambling
than any law ever passed by the New
York Legislature.
Laws At This Time.
Before discussing the bill further
It would be we'll for me to state the
condition of the race-track gambling
laws at the present time. The only
effective bill ever passed by the Nir-
giuia Legislature against face-tracK
gambling was the act of February 20,
/ S96. and the Court of Appeals in the
case of Lacy VS.. Palmer, IS Virginia.
nclu Illdl lulS dCl5 WIS
because its title was defective, and the
act could only be held effective against
pool selling. which Is an obsolete form
of bookmaking, but no longer indulged
In by race track gamblers. 1t is we'll
known now that this defective title
was purposely put in the bill. The 9th
er act of February 20, 1892. was in
tended to destroy betting on races
whether occurring within or beyond
the limits of the State, but the Court
of Appeals of Virginia In the Lesca!-
cite case, so Virginia. SIS, construed
the statute as applying only to bets
actually made In the State. and as
poolrooms and bookmakers carry their
betting business on upon races held
outside OF the State the act last men
toned is also abortive.
After that decision the General As
sembly undertook to remedy the do
feet by a broad and sweeping man
datory act, approved March 81, 1904.
which was so amended by the race
track gamblers as to except from Its
operation grounds owned or controlled
by agricultural associations and drlv-
ing clubs chartered before the passage
of the act. but this had the effect of
protecting all the existing race-track
gambling places in the State as they
carried on their business under the
names of agricultural associations and
driving clubs. subsequently. under the
leadership of Mr.. Maupin. the General
Assembly of Virginia proceeded to car
ry out the purpose of the Act of 1892.
which the Court of Appeals in the
Lescalette case had defeated. The Leg
islature enacted two statutes which
were approved February 20, 1895. and
can be found at pages $40 and $40 of
the Acts of 1895 to 1896,
Gamblers Eyade Law.
The act printed on page SO does
not reach commission transaction
carried on by hookmakers. unless the
money received is TO be forwarded to
n race track outside OF the state and
Tho gamblers got around this act by
forwarding the money to some indi-
yidual or association, not race-track.
and the individual or association OUT
side OF the state forwarded the money
to the race-track As a matter OF fact
they did not forward money at all as
rule, but pretended to forward 1t.
and it is next TO impossible to prove
a case against them in court, as ! have
found by long and bitter experience
nghting ace-track gamblers In this
county.
such is the lamentahle state of race
track gambling legislation in Virginia
at this time, when 1t is proposed to
pass House bill No. act. which Is tho
deceptive title that At is intended To
the breeding OF horses. u
title that has been on every race-traciS
gambling bill ever presented to any
Legislature in this country within tha
last twenty years, tried to get the
General Assembly to amend tho eer
OF February, 1896, by giving It n proper
title. and at the last General Assembly
i appeared before the Judiciary Com
mittee OF the senate, and the commit
tee unanimously recommended the pass
sage OF the bill, bur Hon. Lewis II,
Machen. then our Senator. informed me-
that every time he attempted 70 have