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Further explanation of its provisions and the need for this legis. lation is contained in the appended memorandum by the United States attorney.
The bill is approved by the District Commissioners, whose letter is appended hereto as part of this report.
COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, June 11, 1930.
United Siates Senate, Washington, D. C. Sir: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 4555, Seventy-first Congress, second session, entitled:
"A bill to amend certain sections in the Code of Law for the District of Columbia relating to offenses against public policy,” which you referred to them for report as to the merits of the bill and the propriety of its passage.
The bill proposes to amend sections 865, 866, 868, and 869 of the Code of Law for the District of Columbia.
Section 865 of the code as proposed to be amended by the pending bill is identical with the present section bearing the same number, except that it provides in addition to the punishment by imprisonment for a term of not more than five years a fine of not more than $10,000.
Section 866 of the code is proposed to be amended only by increasing the maximum fine from $500 to $1,000.
Section 868 of the code is proposed to be amended by adding to the definition of "gaming table” the words "schemes or plans.” The present section 869 of the code prohibits betting or gambling on certain things enumerated therein. The proposed law amends this section by including among those things any "scheme or plan” and by increasing the maximum imprisonment for violation thereof from 90 days to 6 months.
The bill also adds to the code a new section to be known as section 866 (a) which makes it unlawful for one to have in his possession or under his control anything at which money may be bet or wagered, with intent to use the same for the purpose of gaming. This section also makes it unlawful to frequent a house of lewdness or gaming.
It is the opinion of the commissioners that this bill will assist materially in preventing gambling within the District of Columbia, and is strongly urged by the major and superintendent of police. The commissioners recommend favorable action on the bill. Very truly yours,
L. H. REICHELDERFER,
MEMORANDUM ON S. 4555
Section 865: It is proposed to amend section 865 of the Code of Laws of the District of Columbia by striking out the words “set up or keep," and insert the word “operate,” and to further add to the possible punishment by adding & fine not to exceed $10,000. The purpose of inserting the word “operate" instead of “set up or keep” is to make way for the enactment of a new section of the code which will make it a misdemeanor for a person “to have in his possession, or under his control any game, device, etc." It is a fact that when we prosecute under this section, it is for the “operation of a gaining table," and not merely the "setting up or keeping” of one, and it is feared that if the words “set up or keep" are retained in section 865 they might conflict with our purpose to make it a misdemeanor for one to have in his possession or under his control any game, etc. The purpose of adding a financial penalty is that some of the larger gamblers are worth considerable money and it is deemed advisable to place the Government in a position where a financial penalty may be imposed in addition to a penitentiary sentence.
Section 866: This section is used in the prosecution of the smaller gamblers and the only amendment suggested is to increase the possible financial penalty from $500 to $1,000.
Section 868: The amendment adds to this section the words "schemes or plans," so that there can be no question but that the so-called“numbers" game will be included within the definition of this section.
Section 869: The amendment would increase the imprisonment from 90 days to 6 months, it being thought that in violations of this section the courts should be allowed to impose more than 90 days.
PROPOSED NEW SECTION This section (sec. 866a) is intended to make it a misdemeanor for one to have in his possession or control any gaming device; it frequently being the case the police officers will find persons in possession of gambling paraphernalia not in operation and this office believes that we should have this legislation to cope with that situation. The proposed new section which would make it an offense for one to "frequent a gambling house or house of assignation, we believe is advisable because it would give the members of the police department the right to arrest "hangers-on” and patrons of such houses, thus further discouraging these evils. At the present time the officers can only hold such people as Government witnesses and this procedure is not at all effective.
LEO A. ROVER,
United States Attorney. O
Mr. BINGHAM, from the Committee on Territories and Insular Affairs,
submitted the following
(To accompany H. R. 10657]
The Committee on Territories and Insular Affairs, to whom was referred the bill (H. R. 10657) to amend section 26 of the act entitled “An act to provide a government for the Territory of Hawaii," approved April 30, 1900, as amended, having considered the same, reports favorably thereon and recommends that the bill do pass.
This is a bill to provide that the salary and mileage paid to the members of the Legislature of the
Territory of Hawaii for each regular session shall be appropriated by Congress from the Federal Treasury. This is the procedure at present with respect to the Territory of Alaska, and was followed in the case of some of the earlier Territories.
In 1927 the Legislature of Hawaii passed a concurrent resolution asking Congress to increase the Federal contribution toward legislative expenses, the language of which was as follows:
Whereas the Federal appropriation for expenses of the Legislature of the Territory of Hawaii for the year 1902 was in the sum of $24,250; and
Whereas said appropriation continued in that sum until the year 1910, when it was increased to $30,000, and has continued in such sum until the present time; and
Whereas practically all costs involved in maintaining sessions of the Territorial legislature have increased tremendously since the year 1910, with the result that said amount of $30,000 is now entirely inadequate: Now, therefore, be it
Resolved by the Senate of the Legislature of the Territory of Hawaii, regular session of 1927 (the House of Representatives of the Territory of Hawaii concurring), That the Governor and the Delegate to Congress from Hawaii be, and they hereby are, respectfully requested to use their good offices toward obtaining a substantial increase in the Federal appropriation for expenses of the Legislature of the Territory of Hawaii; and be it further
Resolved, That certified copies of this resolution be forwarded to the Governor and to the Delegate to Congress from Hawaii,
The Territorial governor, Hon. Lawrence M. Judd, stresses the need for the legislation provided for in H. R. 10657 in the following letter:
March 26, 1930. The SECRETARY OF THE INTERIOR,
Washington, D. C. DEAR Sir: This will acknowledge a letter from Hon. C. F. Curry, chairman of the Committee on the Territories, House of Representatives, addressed to you on March 13, 1930, which has been referred to me for consideration and report as to the necessity for and advisability of the enactment of the legislation contemplated in H. R. 10657. This bill, introduced by Delegate Houston, has for its purpose an appropriation by the Congress to pay the salaries of the members of the Territorial legislature at $1,000 for each regular session, and mileage at the rate of 20 cents a mile, etc.
An act entitled "An act to provide a government for the Territory of Hawaii,” approved April 30, 1900, as amended—the organic act-provides, as is set forth in H. R. 10657, that the members of the legislature shall receive for their seryices, etc., a certain salary in addition to mileage; and while it has been assumed that the United States Government would provide funds for meeting such salaries and mileage, such has not been the case, the revenues of the Territorial government being used each session of the legislature for such purpose.
An item of $30,000 has been regularly appropriated by Congress to meet the expenses of each regular session of the Territorial legislature. In so far as I am aware, there is no provision of law for the appropriating of that amount of money, although it has appeared regularly in the budget of the Secretary of the Interior and comes to us for each legislative session. A reason for that appropriation may be found in the fact that appropriations were made by the Congress for salaries of legislators and legislative expenses in the establishment of some of the earlier Territories, and we had therefore assumed that inasmuch as the precedent had been established and salaries of legislators as well as expenses of legislatures had been provided for some of the Territories, we could hope for similar appropriation for this Territory.
My position in the matter is that there is very definite necessity for the legisa tion, as contemplated by Delegate Houston. The revenues of this Territory are limited; we are relatively new; the advancements we have enjoyed have of necessity involved heavy outlay to the taxpayers of this Territory, and the time has not yet arrived when public works may be curtailed. I am of the opinion that the framers of the organic act contemplated meeting the salaries of the legislators by Federal appropriation. May I therefore express the hope, if it be found advisable to do so, that the department favor the passage of the bill? Respectfully yours,
LAWRENCE M. JUDD, Governor of Hawaii. The Secretary of the Interior reports as follows:
DEPARTMENT OF THE INTERIOR,
Washington, December 17, 1929. Hon. V. S. K. Houston,
Delegate in Congress from Hawaii. MY DEAR Mr. Houston: I have your letter relative to the absence of legislative authority for Federal appropriations for expenses of the Hawaiian Territory Legislature. I assume that you intend to draft legislation to meet this problem. I shall be pleased to give my report on it when it comes before me. There seems to be no good reason for differentiating between Hawaii and Alaska in this respect. Very truly yours,
Ray LYMAN WILBUR.