Daily national Democrat., 1858-11-07
Gambling IN thIs city.

BY reference to the testimony in another
column, concerning the robbery of a monte.
bank on Wednesday night last, it will be
seen that it is distinctly proven that the games
of faro and monte have been almost openly
dealt in this city, in spite of the stringent law
against gambling. 1t would appear that this
has been done under the very noses of the
police, whose failure to discover anything OF
the kind is rather remarkable. Gambling
has been going on in two places, that are de-
hnitely located, to wit: at the Orleans House,
on street, and at Patronis, in the Mexican
or Italian quarter of the city In how many
more places it is being carried on, it would
be hard, except for the initiated, to tcll.-
Whatever may have been the excuse, hereto
fore, for overlooking the offence, there Ger
tainly can be none now, on the part Of those
whose duty it is to make complaint and pros
ecute in such cases. A very excellent oppor
/ tunity is at present presented for the District
Attorney of this county to show his eficien-
cy in the duties of his important and respon-
sible position. He can not only find gam
bling going on this city, but most probably,
in various prominent places in the county.
That prosecution will hold good under
the law, in other words that the statute is
not a dead letter, would seem to be manifest
in the fact that a conviction was recently OBJ
tanned in Stockton against man named Rob.
inson, who was taken down to the State Pri-
son, few days ago, his sentence being i'm
prisonment for two years The constitutions
ality of the law has been questioned, upon
the one ground only, that the punishment for
its violation is unreasonable, the Constitution
of the State having declared that Excessive
fines" shall not be imposed nor "crue or un-
usual punishmentsin inflicted The law against
gambling provides that every person who
shall deal, play, carry on, open or cause to
be opened, or who shall conduct in any way,
any game of faro, monte, roulette. &c DC,
shall be guilty of felony and, on conviction,
punished by imprisonment in the State Pris
on for term not exceeding two years and
by fine not exceeding five thousand dollars.
1t also provides that every person who shall
bet at these games shall, on conviction, be
fined not exceeding $500, and imprisoned in
the County Jail not exceeding six months
1t further provides that any person who shall |
permit any of these games to be
played in any house owned by him Tor herr |
shall on conviction, be fined S5 600 and i'm |
prisoned in the county Jail six months The
law is certainly pretty severe, but is it unrea-
sonable? 1t may be unreasonable, and the |
penalty excessive, with respect to the better,
in some cases. but can it be considered so with
regard to the dealer, who is very frequently
(and particularly at monte, roulette and games
of that character) nothing more than swim
dler, who draws waxed cards, and resorts to
every species of trickery to win the better's
money without any risk whatever on his own
side?
Surely, it is worth while to at least make
an effort to test the efficacy of the law in this
county If it cannot be enforced, generally, |
throughout the State, let it be repealed, and, |
if gambling must go on, let the State derive
some revenue from licensing "hells."
Since writing the above, we have been in
formed upon pretty good authority that there
are at least eight gambling houses, in nightly |
operation in this city, and some of them at no |
very remote distance from the most respecta-
ble business centers.