The Washington herald., 1908-04-04
TAKES SURER COURSE
Senate Committee Assures
End of the Gamblers.
CLOSE LoOPHoLEs IN THE BILL
Senator Carter's subcommittee Uses
Caution So that Measure, when
Approved, viii Be Valid-Win Re
port Measure to Senate Next FRI
day-Expect It's Passage that Day.

continue TO ply their nefarious trade next
week. instead of being cut off on Tues
day, as was expected. yesterdays de-
velopments in the District Committee of
the Senate only make II more certain that
they are. 10 use racing term .hat is
quite applicable. on the home stretch.
The next meeting of the District Com
mittee will sound the final note of their
doom in the District of Columbia, and it
is not improbable that Friday next Will
be the last day for gamblers at the Ben
ming track. While their prayer has been
that the present meeting might be con-
cluded without interference with their
business, q few days OF racing without
the opprobrium OF the bookmaker thereto
attached are in prospect before the meet
ing closes
The action Of the subcommittee on
streets and avenues Of the Senate District
Committee, while II will result in a delay
OF. several days in stopping the disgrace
ful business at the track, was taken as a
result of an earnest desire on the part of
the members of the subcommittee TO as
sure the end of the gamblers when the
pending bill finally becomes law, and
leave no technical loophole through which
the purpose Of the measure might be de-
feated.
VIII Be No More Delay.
Senator Carter last night voiced the de-
termination OF the subcommittee and OF
the District Committee when he said that
the Benning bill would positively be re-
ported 10 the District Committee on FRI
day next. and that It would on that day
be ordered reported 10 the Senate by the
committee. with a recommendation that
II pass. K is the understanding that the
Senate VIII be in session on that day. as
next week is expected 20 be a buster leg
islative week than the present one has
been. Should this he the case, the Ben
ming bill will be put through the Senate
on Friday.
Two courses lay open before the sub
committee OF which Senator Carter is
chairman, when il met yesterday, shortly
before the meeting Of the District Com
mittee. II took the course which was
deemed most certain TO end the Benning
gambling and the full committee, by
unanimously approving its action. placed
itself definitely on record as determined
10 wipe out the stain which the gamblers
have put upon the name Of the District
of Columbia.
House Bill Has Defects.
The House bill 10 widen the Benning
road. carrying the Sims amendment to
stop gambling At the race track. had
glaring defects which would defeat the
purposes Of the measure. Although the
Washington Railway and Electric Com
pany owns portion Of the ground which
will be required 10 widen the road as
provided IN the bill. the House District
Committee had not seen fit TO go into
the question Of acquiring this ground.
and had allowed the bill TO go through
in a form which would result in the
widening Of the road with strip OF ter
ritory In its center which would remain
the property OF a corporation. II had also
reported the bIll without making any pro-
vision TO compel the railway company TO
remove its tracks 10 the center OF the
widened street. And in addition 10 these
two defects. the House had passed the
bill without including In It a legal ap-
preparation clause insuring the appropria-
ton OF the money for the intended i'm
provement. II had merely directed 10 be
! expended" the required funds.
Feared Delay in House.
I The subcommittee could have stricken
I ont the road widening sections Of the
bill and changed its title. in which case
it would have become simply a bill to
amend the anti-gambling laws Of the Dis
triet. But ii was feared that II this were
done the House might decline to concur
I 49,
and the entire purpose Of the bill be de-
| feated- The subcommittee, therefore,
decided TO report progress TO the commit
! tee and. stating the case. ask for instruc-
tions 10 insure the validity Of the bill
! by removing the defects.
There exists a constitutional inhibition
| against condemning for public use prop
erty which is already used for public pur-
| poses. Had this not been the case, the
subcommittee would simply have reported
the bin with amendments which would
/ have remedied its defects. But it was be-
lieved that this constitutional restriction
would operate in the case Of the strip OF
ground owned by the railway company
In which case the amended bill would not
| have been valid. So the subcommittee
was compelled 70 delay the report on the
bill until legal means could be determined
upon TO thereby acquire the ground which
the railway owns in the line Of the pro-
posed road-wideaing. This viii be done
before next Friday The bill will in the
meantime be amended 70 cover the other
defects.
Expect Ready Concurrence.
Since the changes in the bill TO be made
by the committee, on the subcommittee
recommendation are necessary TO its op-
| Grafton. when approved, no delay is ex.
pected in the House when the bill goes
back 10 that body for concurrence In the
| amendments. No valid objection could be
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