The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-03-19
The Law Against Gambling.

The Law Against Gambling.
Letter OF District Attorney Earhart to
Sheriff Jones-The Keeping Of banking
Games Punishable by Heavy Fine and
mprIsonInent-The Town Authorities
invested with Power to Suppress Gam
bling In Donalds0nville.
In view Of the great Importance Of the
subject in its bearing upon the interests
of this community, and the renewed in-
tersst awakened therein by. the resoln-
tions Of our Town Council calling for Ill
enforcement Of the State law against tile
prevailing vice Of gambling, We offer no
apology for surrendering q considerable
portion of our space to the subjoined let
ter, which explains itself. District Attor-
ney Earhart has carefully considered the
subject upon which he writes, and VIC
have no hesitation in accepting his ex-
position Of law and fact as authoritative
and complete. While it is to be regret
ted that our State law is not more OK
plicit in defining the character Of bank
ing games and banking houses, instead
Of leaving it to be determined by juries,
we believe that public sentiment and
the verdicts of all honest and intelligent
jurors will amply Justify the Sheriff in
taking such action in pursuance of his
official duties as will wipe out of exist
once the gambling houses that disgrace
our town. The statement we made last
week concerning the powers and duties
Of the Town Council with relation to
the suppression Of public nuisances, is
fully confirmed by the District Attor-
ney, and it is to this body and the exec
utive officers of the municipal govern
ment that the people Of DonaldsonvilIe
look for relief from the pestiferous pres
ence of the blacklegs and ropers-in who
ply their occupations i'll our midst with
out fear Of molestation, reaping q pecn-
mary harvest and corrupting the morals
Of our young men. The present town
administration can not better signalize
the close of it's term of service than by
roofing out this, tho greatest evil that
afflicts the community.
The District Attorneys letter reads as
follows:
OFFICE OF F. B. EARHART, }
District Attorney, 22nd Judicial District.
Donaldsonville, L., March II, 1881.
Peter A. Jones. Esq, Sheriff Of the parish Of
Ascension, LII.
SRI have received this day copy
Of u resolution adopted OH the 9th inst,
by the Mayor and Common Council OF
the town Of DOnaldsonville, requesting
the District Attorney to enforce the laws
of this State against gambling" within
the corporation limits Of their town.
The law of this State is found OH page
80, Session Acts Of 1870, and is Act No.
IL, approved February S, 1870. Section
Of said law provides "that whoever
shall keep a banking game or banking
house ut which money or any thing rep
resenting money or any article Of value
shall be bet or hazarded, or shall aid or
assist in keeping one, shall, on convic-
ton for the first offence, he fined not less
than $1,000 nor moro than 5000; and OH
conviction of the second offence, not less
than $1,000 or more than $4,000, and be-
imprisoned at hard labor not less than
one nor more than five years." Section
of said act provides, that it shall be the
duty of officers Of the police and other
public officers to arrest and take into
custody any person keeping any bank
ing game or aiding and assisting i'll keep
ing same, together with all tables, money +,
paraphcrnalia, etc, which may he used
in keeping said bankinghonse OF in
playing said banking games, and take
them or cause them to be taken before
any committing magistrate, who shall
commit said persons for trial, if npon
hearing there shall be sufficient cause.
If the parties are convicted, all property,
etc, seized rs above, shall he forfeited for
the use of the parish III which tho offence
is committed. 1t il the duty Of tho Of
fcer who commits said persons for trial,
to take an inventory Of all said money or
property seized as stated above" Sec
ton & Of said act makes the violation of
Section 2 Of said act Il CRIME and missile
meallor, and provides that the parties
after being committed for trial, as pro-
videtl for by Section 4, shall be tried be-
fore !. court of competent juris,lictiGn,' y
lin this case, 22nd Judicial District
Court) Section OF said act repeats all
laws relating to gambling OF parts Of laws
relating to gambling and provides " that
Act IL shall DO considered the only law
on gambling in this State" As you will
perceive, this is the only law on the sub
jcct Of gambling in this State.
Article liz of the constitution of this
State, which declares gambling (gener-
ally) to be vice." has never been car
ried into effect by the Legislature ill Or
der to suppress vice.
In order to comply with the request of
the Common Council of Donallsonville
to enforce the State law above referred
to against gambling within its corporate
limits, yon have the authority under Sec
ton A Of said act z to arrest all persons
keeping or aiding or assisting in keeping
a clearinghouse or banking game.'"
The jury term Of the 22nd Judicial
District Court commences on the first
Monday i'll April, 1881, and l suggest that
by strictly carrying out the provisions of
Section 4 of said act, before the meeting
of the court, SO that all the evidence
necessary to enforce the provisions of
Section 2 Of said act will be ready for the
use of the Grand jury, Court and Dis
CrlcJ Attorney, ny winch Keepers OF
banking-houses" and thanking games, =
will be successfully prosecuted.
do not wish to be understood, in COM
plying with the request Of the Aldermen
Of DonaldsOnville asking the enforce
nent Of the State law against gambling
i'll said town, to desire you to arrest any
person or persons in the corporate limits
Of town without yon are positive they
have violated some law of the State on
the subject Of gambling, and l confess
that know Of no other but Act II of
1870, above referred to.
So far as the obstruction of sidewalks
or banquettes, by persons employed in
any Of the numerous games, such as
prize boxes" photographs" wheels OF