The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-09-08
tCOuNTY AUTHORITIES BREAK UP
ILLEGAL GAME AT THE
FAIR GROUNDS.
Eddie Kahn Fined and Jailed Under
Vagrancy Act-city Authorities
Have Power Under Law.

In the arrest and conviction Of Ed
die Kahn, an alleged professional race
track tout, yesterday, on a charge OF
being a gambler, under the new State
anti-vagrancy law, Prosecuting Attor'
ney D. A. Mckee and Sheriff Howard
Hastings evidently put a spragg IN
the wheel" Of SOMEONE who had
planned to reap a neat harvest from
race gamblers.
Kahn was arrested by Deputy Sher'
III Alfred Clator shortly after noon.
He was arraigned before Squire K. G'
Hobbs. fined SIS and costs and SEN
fenced to serve so days in the county
jail.
Early yesterday forenoon a repu'
table citizen communicated to Prose
cutting Attorney Mckee the simple
statement that Eat noon one or the
touts will collect from all of the other
touts at the Fair Ground for an He
gal purpose" No further explanation
could be secured, and acting on that
piece Of information, the prosecutor
communicated with Sheriff Hastings
The sheriff dispatched two deputies
TO the Fair Ground. At the hour men
toned deputy standing near the gate
saw Eddie Kahn go to man VINO was
known to be race track follower
The latter took some money from Ms
pocket and paid 1t to Kahn. Kahn
stepped away some distance and wrote
down something in book. After four
race track followers were seen TO pay
money to Kahn, Deputy Sheriff Clatoi
placed him under arrest and TOOK niln
to the county building. He had de
stroyed his list and would not tell
whom he was collecting the money Tor
or for what purpose. He admitted 10
Prosecutor Mckee. however. that ne
was a professional race gambler. anu
upon that confession he was arraigneo
before Squire Hobbs as a gambler, un
der the anti-vagrancy law.
Police May Enforce Law.
Recently there has been not a little
bit of discussion as 10 who is respon
sible for the enforcement Of the anti
yagrancy act. Section Of chapter Il
of the Second Extraordinary Session
Of the Legislature of 1917 plainly gives
equal authority to municipal and coun
ty authorities, instead Of placing the
esponsibility entirely upon the once
Of the prosecuting attorney, and there
will soon be called to the attention Of
the city officials, It is said, the fac'
that the city can secure the revenue
in fines and costs from the prosecution
and conviction OF Migrants under the
State act. The section Of the law re
ferred to says:
"All Justices Of the peace, mayors
and police judges within the State
are given jurisdiction to try and pun
ish all offenders under this act"
It has been stated by more thar
one person heard to discuss the Law
that the police department should
take a more active part in the enforce
ment Of the law and get the revenue
for which there is such q need 1us'
now.
mo ofiicer, It is apparent. has bet
ter opportunity to know who are II
able to punishment under the vagran
cy law than the police officers VINO
walk daily up and down their beats
| and come CONSTANTLY III CoA'dSI 49,
the people," declared Prosecutor Nc
Kee, last night. And in addition te
this feature, they have much more
time to act than do the members Of
the sheriff's force. This is apparent
when 1t Is seen that part Of the depu
ties are kept busy with the collection
of taxes, and those who are not so en-
gagged are busy serving papers II
court cases, majority Of which arise
from prosecutions through the sher
ifs office, such as is the case just no"
when about IS cases are pending IN
Criminal court"
The law evidently contemplates that
justices Of the peace shall act IN the
rural districts, while mayors or police
Judges, in the spirit Of the law, are
expected to act in the municipalities.
Prosecuting Attorney Mckee has al
ready ruled that in cases OF persons
arraigned in police court who are
amenable to the anti-vagrancy law
particularly in the case of gamblers
it is not only the privilege, but the
duty, of the police judge to issue war
rants and try the offenders under the
vagrancy act. '.'''
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