Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1886-04-30
BILLIARD TABLES,
AFTER NEEDLESS DELAY THE CASES
ARE BEGUN WITH.


Vs. rrehct', charged with keep
ing billiard table without paying
license required by law. A jury had
been asked for in this case. The
court waited on defendants, witnesses
and officers until patience was thread
bare (lnstead of attaching and fining
all OF them), and finally the prosecut-
ing officer suggested that the case
against Don Mckay be taken up as it
probably involved the question.
There are a number of these cases
In the county, in which every billiard
table keeper and every taxpayer feel
some interest. 1t is we'll therefore to
explain one, which will do for ali. Ii
is the habit here for oon-keepers
to have billiard or pool tables in or
adjoining their bar-rooms. On these
games are played by anybody who
may choose. No direct charge is
made for the game, but it is the Gus
tom, and it is expected by the keeper
and proprietor, that for each person
playing, and for each game played, a
cigar or drink will be purchased at
the bar.
The statute directs the Sheriff to
levy and collect a certain sum-$15
per quarter-for each billiard table,
except where the table is exclusively
kept and used by the owner or keeper
or his family. In pursuance of this
legal requirement Sheriff Furey has
called on the billiard table keepers
for license money, and has been re-
fused on the ground that they did not
charge for games, nor did they keep
the tables for hire, and hence were
not liable, under fair ir depreciation
of the law, to any tax.
Sheriff Furey, to learn his duty,
fled complaint against these billiard
table keepers, and the cases have been
dragging along for some weeks. Fin
ally they were up to-day, Don Nc
Kay's being the one that will prac
tically settle the question, in Justice
Lemmon's Court.
M'KAY's CASE.
1t was admitted by both sides that
Mckay kept saloon and hotel. Tha,
there were tables in it. That anybody
played who wished to and that cigars
and drinks, or both, were taken and
paid for by parties who played the
games.
1t was further admitted that persons
other than Mckay or his family
played. Mckay claimed that he did
not keep the tables for hire; that he
charged nothing for the games; tina,
he kept saloon with all licenses paid
and also hotel, and that the tables
were for the pleasure of his guests
and public, and were detriment te
his business.
Upon this agreement as to facts, the
prosecution claimed that the Act OF
the Legislature applied to these tables
admitting all that Mckay claimed
and cited the Act which excerpts from
its operation only cases where the
keeper himself or his family use tn,
table. In all other cases $15 tax wa
required. The distinction betwonr
tax on the value of piece of proper
ty as piece of property, and ia
upon the use to which it is put, US
requiring license to be lawful use
was clearly set forth, and the fact tina
| the law tdhcS ilO dCCOuuI vi tue pTOli
made or loss suffered by the keeper
was also made clear.
Per contra, the defense claimed tina
the tax spoken of ($l5 per quarter
was on the business and not the prop
, erty, and as the tax on the bushes
had already been paid as assessed, tn
SIS tax was double tax, and uncor
, stitutional. That the tax was not I
stop gaming, but to raise revenue
That if no revenue is derived no ia
was demandable. or liable to be laid
If there is no profit from the table il
self, no tax is demandable; that tt
! table must be kept and used for hi
: in order to make it taxable under Il
S law, and that sleeper" means OF
: who keeps "for hire"
The prosecution replied in lor
argument combating each positio
and making the points: That Il