Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-07-18
rur NEW GAMBLING LAW.


The action Of the Supreme Court in
affirming the Gambling Act passed by |
the last Legislature is correct and to be
upheld. The general feeling Of all in re-
lation to IL is that It is correct decision |
and every one. including those directly |
or otherwise influenced by the affrma.
ton, is disposed to look at the matter
fayorably and accept the decision as be-
inc legal and consistent. The original
ground Of dispute was, that the bill had
been altered after its passage by the
LEGISLATURE and before receiving the Gov
ernor's signature. The recent decision
renders the Act valid and is final. 1t Is
vast improvement on the old gambling
law. and we desire to call attention to
the first, fourth and seventh sections.
The first section is;
Each and every person who shall deal,
NAV. carry on, open, or cause to be
opened, or who shall conduct, either as
owner, or employe, whether for hire or
not, except under u license, as herein.
after provided. any game OF faro, monte,
roulette, lansquenette, rouge ct noir,
rondo, keno. fantan. twenty-one, red,
white and blue, red and black, or diana,
or any banking game played with cards,
dice. or any other device, whether the
same is played for money, checks, credit.
or any other valuable thing, or repre-
sentative of value, shall be guilty OF a
misdemeanor, and, on conviction there
Of, shall be punished by a fine OF not less
than one thousand nor more than three
thousand dollars. or by Imprisonment in
the County Jail not less than three
months nor moro than one year, or by
both such fine and imprisonment.
This section is about the same rs that
portion OF the old Act, and includes
every species Of game Of chance with the
penalty for irregularity or non-compli-
ance with tho law.
The fourth section is amended and
reads as follows: 1.-THE amount to b.
paid the Sheriffs as quarterly licens'
shall be four hundred dollars. and sucl
license shall be paid for, actually AM
not constructively, quarterly, in ad
vance," The phrase "actually and no
constructively has formed tho subjec
Of considerable discussion as toits mean
ing. Tho concise vorbiage OF the claus
renders the meaning perfectly clear
though many different constructions have
been put upon it. The legal meaning oil
the word constructive, may be stated as
that which is equivalent to mn act,
though the act itself is not performed
The intent OF the phrase in question u
this: that the license shall be paid to tn
Sheriff in actual money, and in no othe
form. For instance--A runs fare
game in this town, and the Sheriff call
upon him at the proper time for hi
quarterly license. A tenders him hi
note for $500. The note is no dout
good mercantile paper and negotiable
yet the provisions Of the act as pre-
scribed in section four will not allow Ii
Sheriff to accept that note in paymen
This is the meaning Of that claus
which is based on this principle: III
payment Of money is actual paymen
the payment OF its representatives,,
instance note is constructive pa
ment. A note or other form of negotii
BILE paper is, strictly speaking, but a
obligation. We have given tho promif
snce to this section, and to our int
probation of its meaning, that we thin
1t requires.
The seventh section has also bee
amended and says:
None OF the above mentioned game
shall be carried on, nor shall any llcenl
issue to carry on the same, in any fror
room OF the first or ground foc
persons carrying on any of said game
shall knowingly permit to enter {
remain in any licensed room any perso
under the age of twenty-one years, h
shall be deemed guilty Of misdemeano
and shall be punished by the same per
alties as are prescribed in Section ,
this Act for violation OF its provisions.
The wisdom of this section is eyider
to all. Without deprecating the practit
Of gambling in the least, We think ever
one will agree with us when we say thr
the presence OF minors is not at all Ca
culated to benefit them in any respec
The penalties the trainers impose on a
proprietors who allow them to partic
pate or look on, is sufficient indicatio
of the opinion they had ON that subjec
As We said before, tho decision of Il
court is correct and in consonance vii
its dignity.