74TH CONGRESS 1st Session SENATE { REPORT No. 4 TO AMEND THE GAMBLING LAWS OF THE DISTRICT OF COLUMBIA JANUARY 3 (calendar day, JANUARY 7), 1935.-Ordered to be printed Mr. KING, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 398] The Committee on the District of Columbia, to whom was referred the bill (S. 398) to amend the act entitled "An act to establish a code of law for the District of Columbia", approved March 3, 1901, and the acts amendatory thereof and supplemental thereto, dealing with gambling, having considered the same, report favorably thereon, and recommend that the bill do pass. The purpose of this bill is to strengthen the existing laws relating to gambling in the District of Columbia. Attempts to enforce the present laws have shown the difficulty, indeed the impossibility, in securing not only convictions but also indictments upon charges of violation of the various provisions of the District Code, due to the unwillingness and refusal of those found and arrested in gambling establishments to admit their participation in betting or gaming or of observing the operation of gambling devices or placing of bets in such places. To meet the situation confronting the officials charged with the duty of enforcing the laws in the District, particularly in the matter of proof, the proposed bill provides that possession of tickets, slips, and so forth, which are issued in gambling transactions shall be prima facie evidence of purpose or intent of carrying on gambling transactions (sec. 863); that possession of gambling paraphernalia shall be prima facie evidence of the use thereof for gambling purposes and of permitting, inducing, betting, or playing, on the part of the owner, lessee, or occupant of any house, or other place where the paraphernalia is found (sec. 865). During the last few years and long since the existing law was enacted, a new gambling game or device called "Numbers" has sprung up and is now flourishing in the District of Columbia. It is said that the principals carrying on this game realize about $3,000 per day on their operations. The amounts which may be played range from 1 to 50 cents. It is reported that this "numbers" game makes a special appeal to those of little means, porters, messengers, domestic servants, and the like; particularly is there an allurement to the young and immature, school children in considerable numbers. "invest" in the slips which represent chances in securing the prize money. The chance of winning is, so we are informed, 1 to 600; the winning number pays about $25 to $30, on a 5-cent chance. As the present law does not cover such a game or device as this, the bill proposes amendments which will bring the "numbers" game within the certain purview of the law (secs. 863, 865, and 869). In order to provide a broader basis for search and seizure warrants consistent with the amendments made in the sections dealing with the substantive offenses, an amendment has been made in section 5 of the bill, to section 911 of the Code, so as to allow such warrants to issue upon complaint under oath where books, papers, memoranda, etc., used in connection with lotteries, wagers, games, or other gambling transactions, declared unlawful, are involved. It should be borne in mind that the bill aims at commercial or professional gambling. It has the support of the United States District Attorney, the District Commissioners, the Corporation Counsel, and the police department and police court, and the Washington Federation of Churches. Appended hereto and made a part of this report is a letter from the President of the Board of Commissioners of the District of Columbia urging the passage of this legislation. COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Hon. WILLIAM H. KING, Washington, December 31, 1934. SIR: Attached hereto is a draft of a bill relating to gambling in the District of Columbia. This bill is identical with Senate 2925 in the Seventy-third Congress, second session, with the modifications which we shall mention. Senate 2925 was reported by the Senate Committee and passed the Senate. It was not reported by the House Committee. The purpose of the bill is to strengthen the enforcement of laws relating to gambling in the District. It adds to the list of prohibited games and devices the so-called "game of numbers," a gambling system which has developed since the gambling law was enacted in 1901. The bill also would make the possession of any gambling device, numbers slips, etc., prima facie evidence of the unlawful use thereof. The bill increases the penalty for permitting a gambling device to be set up in a house belonging to any person from one year or $500 to one year or $1,000. The bill also substitutes the United States Commissioner for the judge of the municipal court as the authority for issuing search warrants. It also adds to the reasons which may be stated for the issuance of a search warrant the fact that the affiant believes that there are concealed on the premises books, papers, memoranda, or devices for or used in recording any bet, etc., or received as a wager or other gambling transaction or device as defined in the other gambling sections. The additional feature now suggested for the bill is that automobiles used in the gambling business be subject to confiscation. The Commissioners respectfully request the introduction of this bill and urge its passage. Very truly yours, M. C. HAZEN, President Board of Commissioners, District of Columbia. 74TH CONGRESS 1st Session } SENATE { REPORT RELATING TO THE SALE CONDUCTED BY THE PROPERTY CLERK OF THE DISTRICT OF COLUMBIA JANUARY 3 (calendar day, JANUARY 7), 1935.-Ordered to be printed Mr. KING, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 399] The Committee on the District of Columbia, to whom was referred the bill (S. 399) to amend sections 416 and 417 of the Revised Statutes relating to the District of Columbia, having considered the same, report the bill to the Senate and recommend that it do pass. Appended hereto and made a part of this report is a letter from the president of the Board of Commissioners of the District of Columbia recommending the legislation and urging its passage. COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Hon. WILLIAM H. KING, United States Senate, Washington, D. C. SIR: The Commissioners of the District of Columbia have the honor to submit herewith draft of a bill entitled "A bill to amend sections 416 and 417 of the Revised Statutes relating to the District of Columbia", and to request its introduction and enactment. The present section 416 of the Revised Statutes of the District of Columbia was amended in the year 1896, when the property clerk of the Police Department of the District of Columbia was handing only 12 cases involved in this section over a period of 1 year, whereas at the present time he is handling from 150 to 200 of these cases annually, and the number is increasing. Under this section, if the value of an estate exceeds $50, it is necessary that letters of administration be secured before the property clerk can turn over the estate. In many cases the entire estate of the deceased is kept in the jurisdiction of the property clerk and the cost of securing letters of administration would practically wipe out the estate. The amendment proposed is to decrease the number of cases which are handled by increasing the value of the estate so held from $50 to $100. This will expedite the disposition of this class of property. Section 417 of the Revised Statutes of the District of Columbia has to do with the holding of lost or stolen property received by the property clerk of the police department. The amendment proposed to this section is to reduce the period for holding certain property from 6 months to 3 months. This change will not only save considerable administrative work, but will result in a considerable saving to the Government through a reduction in the requirements for storage space. Particularly is this true of the case of automobiles, most of which that are received by the property clerk are junk. If the legislation should not be enacted, the demand for storage space for old cars coming within the custody of the police department will be increased. The sums of money obtained through the operation of these two sections of the Revised Statutes are placed to the credit of the policemen's and firemen's relief fund. Very truly yours, M. C. HAZEN, President Board of Commissioners of the District of Columbia. Appended hereto and made a part of this report is a further letter from the president of the Board of Commissioners renewing the Board's endorsement of this legislation. Hon. WILLIAM H. KING, COMMISSIONERS OF THE DISTRICT OF COLUMBIA, United States Senate, Washington, D. C. SIR: With reference to your suggestion that a bill relative to the disposition of property by the property clerk of the District of Columbia, similar to Senate 3013 in the Seventy-third Congress, second session, be introduced at the forthcoming session, we beg to report that on March 9, 1934, the Commissioners reported favorably on that bill and your committee reported it on April 9, 1934 (Report No. 690). We have no reason at this time to alter that recommendation. Very respectfully, M. C. HAZEN, President Board of Commissioners, District of Columbia. TO PERMIT STEPCHILDREN TO BE ADMITTED TO THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA JANUARY 3 (calendar day, JANUARY 7), 1935.-Ordered to be printed Mr. CAPPER, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 400] The Committee on the District of Columbia, to whom was referred the bill (S. 400) to permit the stepchildren of certain officers and employees of the United States to be admitted to the public schools of the District of Columbia without payment of tuition, having considered the same, report the bill to the Senate and recommend that the bill do pass. The purpose of the bill is to give to stepchildren of certain officers and employees of the United States the same privileges as are enjoyed by the natural children of these officers and employees. The present law permits the "children" of officers and men in the United States Army, Navy, and Marine Corps and of other employees of the United States stationed outside the District of Columbia, to be admitted. to the public schools without payment of tuition. The word "children" has been construed to mean the natural children only, and this bill would enlarge the act to include stepchildren. Appended hereto and made a part of this report is a letter from the President of the Board of Commissioners of the District of Columbia recommending this legislation and urging its passage. Hon. WILLIAM H. KING, COMMISSIONERS OF THE DISTRICT OF COLUMBIA, United States Senate, Washington, D. C. SIR: With reference to your suggestion that a bill permitting stepchildren of certain officers and employees of the United States to be admitted to the public schools of the District of Columbia without payment of tuition, similar to S. 3261 in the 73d Congress, Second Session, be introduced at the forthcoming session, we beg to report that on May 2, 1934, the Commissioners reported favorably on that bill and your Committee reported it to the Senate on May 12, 1934, (Report No. 999). We have no reason at this time to change that recommendation. M. C. HAZEN, President Board of Commissioners, District of Columbia. O Very respectfully, |