Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-11-06
SAYS LOWER COURT ERRED
Intent Of Congress Is Declared to Be
Made Clear.
DISTRICT Is NOT SOVEREIGN
Offenses Committed Here Are Held
to Be Against the United
States Government.

Holding the recent enactment of Con-
gress relating to bucketing and the con-
duct of bucket shops constitutional, the
Court of Appeals of the District OF
Columbia today, in an opinion by Mr..
Justice Robb. reversed the decision of
Justice Wright of the District Supreme
Court. and remanded the case of Louis
and Angelo Celia. Samuel w. Adler and
others. charged with conspiring to con-
duct bucket shop in the District, to the
lower court for trial.
The Appellate Court sustains the claim
Of the Department of Justice that the
lower court was in error when it held
that the word contract in the statute
was so broad as to make the legislation
violative of the Constitution in attempting
to prohibit "all agreements, trades and
contracts
The case grew out of the wholesale raid
on bucket shops in seven cities OF the
Union, April 2, 1910
Has No Sovereignty.
The higher court also disapproves the
contention of counsel for the accused
men. that as the legislation in question is
applicable only to the District of Colum-
bia, a violation could be an offense
against the District only and not against
the United States. The court holds the
District of Columbia has right to sue and
be sued, but has no sovereign power, and
crimes committed in the District are
against the United States and not the
municipality.
Justice Robb also holds that the indict-
ment as drawn sufficiently informs the
defendants of the charge against them.
After reviewing the whole bucket
shop act. Justice RObb says:
The learned trial justice ruled that
while the heading Of the act 'undoubt-
edly indicates purpose which Con-
gress declares itself about to execute,
that purpose was not carried into ef-
feet; that only two classes of per-
sons are penalized, those who make
any contracts defined in the first Sec
tion and those who are the keepers OF
any bucket-shop; that the word con.
tract as defined in the first section,
means any agreement, trade or trans
action, and that inasmuch as the Sec
ond section purports to penalize indis-
criminately the making OF contracts.
the act is void. The court further held
that the phraseology of the section
which penalties contracts permits
them no constitutional operation;
therefore, no contracts being pro-
hibited by a valid legislative enact
ment. there can be no operation for
that clause Of S69a which defines
'bucket-shop' as any place where any
contract prohibited by this act is
made consequently it is no offense to
be the keeper of such place.
Meets All Requirements.
Penal statutes, like all others, are the
embodiment of legislative will in con-
crete form, and constitute rule of con-
duct for the guidance and control Of the
I'D;
telligible to the ordinary individual, the
prime requisite Of the statute is met; in
other words, IL the ordinary individual,
after reading the statute. knows exactly
what he may and may not do, it's mean
ing cannot be said to be ambiguous If
such statute be within the scope of
legislative authority. it is the plain duty
of the court to sustain and enforce it,
Referring to the finding by Justice
Wright, the Appellate Court, says:
I'm holding that the word contract
as thus used in section S69b. embraces ali
agreements, trades or transa ctions. the
learned trial justice has necessarily en-
tirely disregarded the declared purpose
and object of the act. 1t was not only
necessary to do this i'm thus enlarging the
operation of section sti9b. but it was also
necessary entirely to disregard almost
all the provisions Of the preceding Sec
tion. In our view, such an interpreta- :
tion of the act is violative of well set
tied principles OF statutory construction
In the first place, we are not at liberty
to disregard the declared purpose of a
criminal statute, nor are we at liberty
to disregard any part of it's connected
structure. On the contrary, we must
have in mind the legislative intent, the
evils sought to be overcome, and, II DOS
sible, give force and effect to every part
| of the connected structure. And where
general words are employed. their mean
| Ing should be restricted to the obvious
scope of the statute
Makes Harmonious Whole.