The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-03-19
Machine 16 Canal Street. New Orleans

The State authorities are powerless
IL the absence Of 4. law pn the subject to
suppress this kind Of gambling within its
incorporated limits.
1t the town Ut DUnaidsDnviile wishes
to suppress it, the puwer is given them
by their charter, winch, though not very
clear Id all OF its provisions, is, in the alb
sence ut State law, sufficiently explicit
to protect its sood people from q nuis-
ances generally" "tlisortlcrly llo,,scs,"
and sufficiently SO to insure the "goOd
government OF the town."
refer to the powers of the authorities
Of the town Of DOnaldsOnyille (nnder
their charter) i'll the premises, no as to
guide yon III making arrests Under the
State law prohibiting gambling, SO that
You VIII not arrest any person or persons
VINO nave not violated any law or, the
statute book, and by this means not to
involve yourself in unnecessary litigation
or difhcuities, which requires the great
est caution in public officials, and par
ticnlarly Slleritfs, to avoid.
The appeal from the Mayor and Alder
men of the town Of Dnnal.sonville to the
judicial officers Of this parisl, and district.
to enforce the State law apniust gambling
within it's Incorporated limits, comes
clothed with such All array Of startling
grievances that it becomes necessary TO
take iinm date steps to enforce the.
provisions Of Act No. IL Of 1870. 50 that
some cf the relief sought by tho rcsolu-
ton Of the town authorities may la oh.
tanned by the Intervention of the State
authorities, as far as the operation and
enforcement of said law will permit
In answer to the question as to the
meaning ola banking game or bank
ing-hOuse," beg leave to state that the
ri, Of law is, that where statutory
| offence IS named, the offence must be de-
fined by the statute creating it. II a
common law offence or crime is adopted
by the statute, such as murder, larceny,
rape, robbery, etc, we look to the COM
mon law for the definition.
Your first inquiry under Section 2 OF
said Act II, is, to know what u banking
game" or banking house :" is, so that
you can perform your duty successfully
under Section OF said act.
will refer you to the description of
this offence as defined by previous stat
utes OH tho subject TALL of which, are re-
pealed by Act II Of 1870), eide, Sections
GIL, 91}, X. $. 1870. Section z Of Act No.
l, Of Regular Session Acts of 1870 which
was repealed 81 days after its adoption
by said Act No. IL, 1870, indirectly
ciassed "roulettc," faro,n keno" and
"monte," as banking games" In the
Is A. 498, the Supreme Court held in
that case, There is no real difference be-
tween keepipga banking house where
! money is bet or hazarded, and keeping il
house where II banking game is car
! ried on" In New Orleans rs. Miller, Z
A. p. 651, the Supreme Court held, !" that
the evil to be suppressed under the act is
the gaming house with its capital al
ways ready for play, whether the stake
be owned or furnished by the house, or
made mp at the time by the players, the
evil is the same. The game of keno, which
is of the latter description, is within the
statute"
| In the State as. Lenarres, IL A. 226,
the Supreme Court held, that the court
can not charge that keno is IL bank
ing game (as decided i'll above casey,
but that it is a mixed question Of law
and fact, for the jury to decide upon the
facts, under proper instructions as to the
law" II the facts proved constitute a
banking game" lie. violates the stat
| ute.
With these extracts from tho law and
decisions you can, under Section. q of said
Act IL, arrest all persons keeping i,
banking game or banking house, y
their aiders ur assistants, ut which
money, Or amy thing representing money
or any article of value is bet or hazarded
under Section Of said act, within the
corporate limits of tie town of Donald
sOnyille.
1t is to lie regretted that the Lcgsla-
turo in their wisdom did not clearly de-
fine thanking game" or banking
| house," but l have attempted here to
give you all light on the subject SO that
you can perform your duty intelliyertly
under Section 4 of said act.
| Ii by mistake you should arrest any
one not keeping Il clearinghouse .
or banking game under II belief OF
your conception, of the law that the house
was u banking house and the game a
4 banking game" and the person or per
| sons 50 arrested should he subsequently
discharged by the court and jury, you
will be rewarded in your efforts by thus
zealously performing Your duty, with
the self conviction that there is added
one more opinion of the courts to the
gambling law Of Louisiana.
If by your efforts and zeal as an officer
you will succeed in procuring the evil
dence necessary to convict any violatoI
of Act IL, 1870, i'll Donaldsonvillc, you
| will feel the consciousness of having per-
formed Your duty, which is far above
the appreciation Of your fellow men.
Yours very truly,
F.B. EARHART,
Dist. Atty, 22nd Judicial Dist, La.
->>>-
We are compelled to defer until next
issue our promised biographical sketches
| of the members Of PRESIDENT Gariiehl's