The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-02-25
kind itself?

cation
kind itself?
Now, 1 will not say that gambling
may not be eradicate1. | do not en-
dorse tM opinions of those who pro
fess to believe that law prohibiting
gambling cannot be enforced, for
believe that any law can be enforced
The power of the state is mightiel
than the power of any individual
But when law itself is of doubtful
constltutiOnality when it violates in.
dlvidual rights, when in public opin.
ion 1t does greater wrongs than the
wrongs it is Intended to redress,
then, 1 say, public opinion will re-
: volt against law of that kind, and
the result is that it is only a dead let
| ter on the statute book.
| Now propose very briefly to call
attention t. objections to the bill
now under consideration. And here
wish to say that the first section
fully and entirely endorse. The set
ting up or maintaining gambling
house believe to be an evil that
should be extirpated, and I do heart
lily approve of any law that will re-
strain, prevent, or punish all public
gambling. 1 believe that it's effect
on society is demorallZing, and that
its effect upon the youth of the coun-
try is injurious.
But now We come to the second
section. II that section had simply
punished men for resorting to a pub
lie gambling house, l should heartily
endorse it. Section Furnishes any
person who shall bet or wager any
money, property or anything OF
value upon any game or any cards.
dice, or other device, etc. The argu-
ment of the speaker was TO the effect
that this section would punish a. u
misdemeanor the shaking of dice for
a cigar, or the playing of social
game of cards for a bottle of wine Or
pound OF candy in a private house.
Section 3 is in conflict with ArtI-
Gle of the Amendments Of the Con-
stitution of the United States. Sec
ton is in conflict with Article of
the constitutional amendments in
that it allows unreasonable seizures
and searches, as it permits this to be
done when a person makes oath that
he suspects, that q house is used
for gambling purposes. 1t is also in
conflict with the same section by de-
private property without
giving the owner a hearing. The
provision of the constitution is that
No one shall be deprived of life,
liberty or property without due pro-
cess of law"
This a. provides for the destruc-
ton of property whether the owner
has been found guilty of any offense
or not.
The constitution of Montana con-
talns the same Or similar provisions
in regard to unlawful seizures and
searches as the constitution of the
United States, and this bill violates
the provisions of both. After an ex-
tended argument upon the constitu-
tional questions, the speaker cop
cluded as follows:
feel that should be trespassing
On the attention of the committee,
were I longer to occupy their time.
[ have only one remark to make in
I understand fully the
pressure that is brought to bear up
On me and upon every member OF
this legislature to try to compel us to
vote for this bill. Because gambling
IS an evil, because it should be in
some way suppressed, the public have
Jumped to the very natural cOnclu-
sion that you must sustain this bill,
Or otherwise you place yourself in the
ranks of those who advocate and sus-
ain immortality. | repudiate en-
irely any such position. | do not
advocate an act which [ believe to
De immoral-not crime, but vice
[ confess that to hear it called a
crime when thousands and tens of
thousands of reputable gentlemen,
nen who are the equals and peers of
heir fellows in all the relations of
ife, at times and occasionally in
lulge in this practice, has filled me
vith surprise at language of this
Kind coming from men sent here to
nact Laws.
We have here bill to e4tabIisha Il
ct of school books in this Territory,
nd these chambers have been
thronged and besleged by representa-
ives of two rival houses. 1t has oc
,urred to me that they would be do
ne more useful service to the pub
ic if they would provide some treat
sc Oil social ethics or moral philosn-
'hy that these gentlemen might learn
he difference between, u vice and u
rjme before they undeltake
o legislate upon this subject.
recOllect that even Paley said that
was d vice tolerated among
entleInen of honor, and | repudlate
Or once and all with scorn the in-
lnuatiOn that gentlemen may not
adulge in this vice, and | do so with
he distinct remark that do net Ell
orse the vice itself. ! ask that that
distinction be made.
Before 1 became a memter Of this
ody, [ stood before the desk now
ccupied d by the clerk. Ia common
nth every member of thls body !
eld up my hand and sWore to pre-
sct, deftnd and uphold the c)nstis
ltion of the United States Ii those
lords meant anything, and l took
lem as rational being, they meaHt
lat in all the laws which | should
in enacting, should not
iolate the provisions of the coz
tuition from which l have just read;
nd no outside pressure, no ciamor,
0 appeals however strong, shall in
uce Inc to violate what | conceive to
3 a conscientious duty in compli-
nee with the oath which then took.
Notwithstanding the Hood of petit
ons, the sentiment of which |
lo>t fully endor-e, the latest
I'D highest expires sion of the
ill of the people OF Montana is to be
und in the constitution they have
lopted, and any law which violates
le provisions Of that constitution l
we taken al oath that l would not
lact.
understand how easily my mo-
YES in this action may be miscon-
rued and misinterDreted. | can
silly forsee that it may bring upon
e unpopularity, possibly oblouny.
ut whether the constituents which
here represent shall approve or
l shall at least go back to
am xu,rh tb.. pro.,I rnnSrjDuSOpSa