The Washington herald., 1908-03-12
POLICE TO PURSUE
BENNING GAMBLERS
Continued from Page one.

and the other referring to the District
OF Columbia. The contention OF the
government that the betting at 5enning
which is described in the Walters in
dictment, was the setting up OF a gaming
table.
Justice Stafford las held that while
the betting outlined in the indictment
may be bookmaking. 1t Is not setting up
a gaming table. and. therefore. not a
violation of Section S65, which relates to
the whole District of Columbia.
This opinion Of Justice Stafford is
law until considered and acted upon by
the Court OF Appeals"
What would be the status OF book
makers, who. beginning Monday. March
%. when the spring meet opens. conduct
their business Similar 10 Walters?'' Mr..
Baker was asked
The status OF boo1maIcers who oper-
ate at Benning IN exactly the way Mr..
Walters operated, which is the way book
making was carried on at the last race
meet would be the same as his to-day.
Justice Stafford decided that he was not
violating the law, and until this opinion
Is reversed. no person can be prosecuted
In the course or his opinion, Justice
Stafford reviewed many authorities, and
places the whole blame for the present
laws upon Congress. In this connection
he says:
When Congress wishes to change the
law ii can DO so without any assistance
from the court The responsibility rests
with Congress. AS a citizen, should be
glad 20 see a stop put 10 all gambling.
but as judge I must follow the statute
and give II a fair and reasonable inter
probation"
Preceding this statement, Justice stat
ford said, in part:
Two Miles from the City.
"All OF the onenses attempted TO be
charged In these indictments are alleged
10 have been committed two miles from
the boundaries OF the city-that is TO say.
in territory 20 which section $50 Of the code
does not apply. which is the same thing
as to say that as 10 what may be called
the inside territory. the statute prohibits
the making OF books, while in the out
side territory It does not. The natural in
ference is That the mere making Of
books is nos unlawful in the outside ter
ritory. where tho things complained of
were done. And the government con
cedes this, but IT contends that the mere
making OF books is one thing. and the
keeping cf place for bookmaking or the
setting up and keeping OF bookmaking is
another"
In passing upon the several counts
now before me. the difficulty is 10 deter
mine just how far one may go in the
making OF books without setting them
up, continued the justice. The govern
ments contention is that they are set UP
when betting is carried on generally. and
the public is invited 10 be, with the book
maker. The embarrassment about adopt
Ing this view IS that IL does not seem TO
leave any real and substantial distinction
between bookEiaking and the setting up
OF bookmahing
For, as ! understand H. the mere max
ing Of books implies this very thing-a
making OF divers bets with divers persons
according 10 stated odds offered generally
by The maker OF the book. IL Is not an
individual ac- or betting
The fact that Walters performed sew
eral acts OF bookmaking," said Justice
Stafford. 'in the same place. does not
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