The Placer herald., 1858-04-24
AUBURN, APRIL, "a, 1858.
Vetoed.

cu Dy tne legislature, mas received tne veto
Of the Governor, very much to the satisfac-
ton of those citizens who desire the good Or
der and welfare of society in preference to
The evil of gambling and its kindred enor-
mites. The act vetoed by the Governor was
for the encouragement instead of the sup
preston of gambling, and was so considered
by the "sports" who would not have hesita-
ted to open public gaming saloons all over
the State, as the fine imposed would have
but amounted to cheap license for carrying
on the business. In this light the Governor
viewed the bill, and we are aware that the
sporting fraternity were of the same opinion.
The old law, which had the effect to close
all public gaming saloons, has been of prac-
tical benefit in discouraging tLs vice, and
has done more to bring the business in dis
pute than all other acts beside. The inten-
ton, to drive gaming into secret places, be-
yond the light and encouragement of day,
and to divest it of glaring etfrontery, and
what of respectablity legal encouragement
could give TO it, has been eminently success
full. Gamblers themselves say their business
has become mean and unproftable which is
gratifying evidence of the beneficial work
ing of the old law, and strong al algument
against the one Gov. Weller has so prompt
ly checkmated. We have rarely heard of
such decided public approval of the veto
power, as has been given for the use of it in
this instance.
The Governor, in disappearing the act
says:
SACRAMENTO. April goth. 1888
To the Senate Of California:
| return herewith to your honorable BODY with
out my approval "An Act to suppress gambling"
The first section of the Act of April 2Sth 1857.
was in advance of public sentiment and there
fore. no efforts have been made. to my knowledge
to secure convictions under it. Indeed although
in several States gambling has been declared a
felony, have never heard of any one being con-
victed of this crime. AS general principle
there should not be and law upon the statute book
which public opinion will not allow TO be enforc-
ed Such law might produce good impression
abroad but would reflect little credit on us here
when ii is notorious that it cannot be executed
More certainty and less severity would in nv
opinion. be the best policy.
Gambling in the carly history of this State
was the common amusement of a large norton of
our people, and it is only within few years that it
has been expelled from the most public places
The vice still exists to alarming extent but it
has been driven into secret places, and the moral
sense OF this community is not frequently
shocked as heretofore. In no one thing however
has society been improved so much as in this re-
spect, and it is probable that we would suffer but
little by comparison with our sister States
That gambling houses are carried on, and that
the young and unwary are still being ruined is a
notorious fact If a correct biography could be
written, of all who have fallen victims here to
this vice, since the settlement of our State by
Americans picture would be presented which
would reflect no credit upon our race How MANY
fortunes have been squandered, hearths desolatei
families separated. children impoverished. and
prisons filled by these gambling saloons? Who
can estimate the misery which they have inflicted
upon society? Who can count the graves which
they have filed?
This may be one of the evils which legislation
cannot correct; but it is the duty of those who
represent the people to do all in their power to
suppress it. This cannot be done by passing laws
so severe that they cannot be executed: nor bv
creating those which infict so light penalty that
it is not felt.
The act now before me makes the dealer of
certain banking games, therein named guilty of a
msdeameanor, and subject to fine of not less
than i've hundred, nor more than six hundred dol
lars. think 1t will be difficult to find penal
Act where the maximum and minimum punish
ments are placed so closely together By the Act
which this repeals, this offense is felony, and
subjected the party to Imprisonment for not less
than one nor more than five years. The old law
makes 1t a mlsdemeanOr to bet on any of these
games; the Act before me does not This is ma
king too wide distinction between men occupy
ing seats on different sides of the same table The
Act of April 18th, 1855 (Which this also repeals.)
very properly makes distinction between the
punishment for the first and second offence This
law does not. The existing act goes farther than
the common law in declaring certain contracts,
ETC. in regard to gaming. null and void. This
Act is silent on the subject. Under the bill before
me, if the gambler was only indicted three or four
times in the year, the maximum fine is SO insight
cant that he could pay the penalty and still carry
on profitable business. This license (for this it
is in effect) would amount to $50 or 5000 per
month. This is far less than the sum charged for
license for gambling houses by the Act of March
15 1851 That law compelled house keeping
over three tables to pay five hundred dollars per
month; and houses containing three tables or less
three hundred and fifty three dollars per month.
There is a provision in this Act, which it is said
is an Improvement on the present law 1t is that
any person convicted under it, may be imprisoned
until the fine is paid The Su preme Court of
this State has already decided, that 'when fine
IS imposed on conviction for gaming, the dcfen-
dant may be imprisoned to enforce payment" and
SO there was no necessity for this provision. 1t
is true, that this includes the games of 'rondo"
and "keno" but the advantages resulting from
this are more than counter balanced by the objcc-
tions which have stated to other provisions 1t
is better that the disgraceful scenes which are en-
acted at the few tables which are still kept up
should continue for another year, than that the
bill before me- so impotent for good, so pregnant
with evil should become a law
entertaining these opinions, the bill is respect
fully returned for reconsideration.
JOHN B. WELLER.
U. 5. GOVERNMENT FINANcEs.-Th to-
tai amount OF receipts into the Treasury of
the United States, from March 4th, 1889,
TO June 3Oth, 1857, a period of 60 wears