Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1876-09-02
OLYMPIA: SATURDAY NORyING, AUG. &c, 1876.
THE GAMBLING LAW.

THE GAMBLING LAW.
Judge Lewis, of the Second Judicial
District, in recent charge to the Grand
Jury, at the Seattle term of Court, ef-
fectually disposes of the law authoriz-
ing "aid to wagon roads" in King and
Yakima counties, by means of lotteries
and other gambling devices. The
Judge, after deplo1ing the effect its op-
Grafton has had upon the public morals,
says: " In order to procure license
under the act, it is not necessary that
the applicant be over-moved with de-
sire to aid in the building OF this road,
but he must be a resident of King or
Yakima counties. By the provisions of
this statute, therefore, the citizens and
residents of King and Yakima are grant
ed privileges which are denied to the
people of other counties within our
Territory. They are given special
privilege not to he enjoyed by all the
citizens within the Territory. Aspecial
privilege is special right, benefit, ad-
vantage or immunity, not enjoyed by
all; hence the grant in this statute
comes exactly within this definition.
Special privileges, says Cooley ARE al
ways obnoxious Equality of rights
and privileges unquestionably should
be the aim of the law To prevent this
species of legislation, and secure to the
people of the Territories equality of
rights and privileges, it has been enact
ed by the Congress Of the United States
that the Legislative Assemblies of the
several Territories shall not grant pri-
vate charters or privileges (Revised
Statutes of the United States, section
1889 This statute of 1875 is exactly
in conflict with the act of Congress.
The Legislative Assembly can exercise
only such powers as have been delegat-
ed to it by the Congress of the United
States. When it steps beyond that
boundary, its acts, like those. of the
most humble magistrate who transcends
his Jurisdiction, are utterly void. I
therefore charge you that this act, ap-
proved Nov. 18th, 1875, is wholly void,
and that the license granted to defend
ants did not authorize them to sell lottery
tickets or make any ,ttery scheme;
and that they are liable under the pro-
visions of section 100 of the criminal
code of 1873, if they have violated any
of its provisions"
This language is certainly explicit
enough, and virtually wipes the OBJ
noxious law from the statute-book. Its
effect has been to make of King county
a nest for gamblers and hotbed for
attendant vices, where by complying
with certain forms the provision of the
criminal practice act restraining games
of chance was rendered void, and the
business even carried on with the pro-
lection of license, issued in due form
and by authority of law. The position
of the gaming element seemed almost
impregnable to those not versed in law
and unaware of the defect which lay at
the very root of the evil. This ignor-
ance was probably owing more to the
fact that the bill received the approval
of the Governor, a deep lawyer, who
had vetoed other bills on precisely the
ground in which this is found defect
i've, than anything else.
The Legislature never, of course, in
tended the law to be general in its ap-
plication, even in the circumscribed
district embraced in the two counties,
nor did they dream of the advantage
that would be taken of an enactment
simply devised as boon to an old and
respected citizen. The sugar-coated
pretext of aid to the Snoqualmie road
was barely sufficient to secure its pas
sage, even without any anticipation of
the evil to flow from it. As public
it has proven one of the most
pernicious that has ever passed into
legislative enactment, and all good
citizens will rejoice that it's vitality has
ceased.
The publication of the OLYMp1AN will
(,o oonA:,raJ H. nF. ~ ID D>-1- Il Il