Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-11-24

T. or games of chance of any description
other license.
Be it ordained, etc.
SECTION 1. Hereafter it shall be unlawfl
for any person or persons, etc., to engas
in the business OF any banking game
games OF chance or lottery, or keep an
room, house, saloon, or club o whel
the same is dealt or played for money c
anything representing money or having
money value is used, bet, ventured. G
hazarded without having obtained a pei
NIT from the City Council OF the City c
Butte in addition to the license from th
+ City Clerk, provided that nothing in thi
ordinance shall be construed to authoriz
or permit any game prohibited by the law
OF the Territory OF Montana.
SECTION 2. Before the City Treasurer
shall collect or cause to be collected any
license for any business mentioned in the
preceding section, the person conducting or
desiring to conduct the said business shall
present to the City Treasurer a permit
signed by the Mayor of the City and City
Clerk under the seal of the city and shall
upon payment OF the license fee as required
by the ordinances Of the city be entitled to
a receipt for such license fee from the City
Treasurer; the City Treasurer shall on exc
cutting a receipt for said license fee take up
the permit presented by such applicant
and file the same in his Office as his author
ity for the issuance of such receipt and
snail indorse on such permit the number OF
the license receipt issued therefor.
SECTION 3. ANY person desiring to
conduct, Keep or engage in any business
mentioned in section one of this ordinance
shall file a petition with the City Clerk
stating what business he or they desire q
license for, where the same viii be conducted
and the length OF time for which license is
used.
SECTION 4. The City Council nay grant
or reject such petition as in their Judgment
the best interests of the city may be sub
served.
SECTION 5. The City Council may in their
discretion revoke or rescind any license for
gambling or other business whether granted
by permit or otherwise when the City Coun-
Gil may be satisfied that any fraudulent
devices and practices for the purpose of
obtaining money or property and against
the best interests of the city by giving the
person holding such licenses notice to ap-
pear before them at any regular meeting
and the Council may hear testimony con-
corning the revokiDg OF such license.
SECTION 6. Any person or persons vio-
lating any of the provisions of this ordi-
lance shall upon conviction be fined in a
sum not less than $25 nor more than $500
and that the continuance for each and
every hour any business mentioned in the
first section OF this ordinance is engaged in
by any person or persons shall constitute
q separate offence and be punished by like
fine as mentioned in this section.
SECTION Z. All ordinances or parts OF or
d~inances in conflict with this ordinance are
hereby repealed.
THbo ,rl;poroa NJ Of GrSt nraco7tol ov-
cepted faro from it's provisions, but after
discussion this exception was stricken out
and all games OF chance put on the same
footing.
Alderman Pinkham asked Mr., Booth
several questions with the view of elucidat-
ing the admission that, while the City
Charter gave the Council full power to regu-
late or revoke licenses, it was subject to
the laws OF the Territory on the subject OF
licensing gambling, and that, until these
laws were changed, it was waste OF effort
on the part OF the Council to endeayor to
suppress the evil complained of.
Mr.. Booth read the section OF the organic
act to the above effect.
Alderman Pettes asked: Have we now
the power to revoke any license?
The chair replied in the affirmative.
Alderman Pettes then inquired why they
now required this ordinance.
The chair replied that it was necessary
to embody the power they had in the form
OF an ordinance, and hat the present
ordinance on the subject of gambling being
found insufficient to correct the evil COM
planned of, they were going to see what
effect this ordinance would have.
Alderman Pettes inquired ii the Council
did not already possess power to instruct
the Marshal to bring the Objectionable men
before it and investigate their delinquency.
He protested against imposing the hard
ship on the square gambling fraternity OF
obliging them to come before the Council
with a petition for d license. 1t would
prove q most cumbrous ordinance, and he
did not see how it was going to reach the
root OF the evil.
Alderman Pinkham thought there was
Just as much law on the subject now as the
Council would lave by the passage Of this
ordinance and q great deal more than the
city can enforce. We have a law now to
authorize the officers to stop anything con-
Quoted in a fraudulent manner. He referred
to the hardships on the honest gamblers
this ordinance would entail in the grant
ing of permits. There were was no doubt
that people were getting robbed
by these s%windling devices and he was just
as much in favor of suppressing the evil
as any man could be, but he was confident
that the Marshal would have just as much
| trouble from that source alter the passage
of this ordinance a he had now. The
| license could not be revoked until it could
be proved that the man complained OF
was running a sure thing game, and this
ordinance made that task no easier than
it Is at present.
Alderman Lynch said he proposed to take
a hand in this discussion. The plain facts
were that Judge Lippincottd declared he had
no authority under existing law to sup
press the evil. He was poWerless under the
law as it stood. The City Marshal was in
| the same predichment. YeG men were being
| robbed daily by these 6coundrels under The
| pretenCe of legal sanction, and there il ap-
| parently no law to protect them. 1t is the
duty OF the City Council to come 10
the protection of the public. Ii 1T
tolerate any matter OF this kind they will
be disappointing public expectation. The
papers are every day asking why these sure
tn ng games are not Impressed. Ii some
such ordinance as this is not passed The
people will say with some show OF reason
that the City Council are standing in witt
the thieves. This ordinance is required and
has been recommended by the City Attor'
ney and he was emphaticallyof the opinion
that it should be passed.
Mr.. Booth read the present license ordi'
nance which gives the Mayor power 10 re
woke any license when he is satisfied that
it is necessary to do so in the interests o
good order and requires him to report his
action at the succeeding meeting OF the City
Council.
The chair thought the new ordinance
placed the matter in the discretion o
fourteen men il place of one. ltgave then
discretion to grant a permit. AS to farc
games, when any honest one asks to bt
granted a license it would receive il
as quickly as asked. But II dis
honest gamblers came with a petition
this ordinance gave them the power to re
fuse it. Allusion had been made TO tie
revenue of six or seven Thousand dollars
derived from this source hat the city wa:
likely to lose, but the chair thought tina
consideration unworthy Of notice.
Alderman Olson expressed himself III
favor OF the passage of the ordinance.
Alderman Sargent said it was admitted
that the previous law was imperative. J.
was necessary to make some effort to show
| the people that the Council is sincere in tn,
protests OF it's members that they want t.
suppress this vice. 1t was stated tina
there would be difficulty in securing proc
that q game was a "sure-thing' one, il
order to revoke a license. Bu
under this ordinance they lie no
need to grant a license to
man simply beca use he askeditif they wer
tsotisfad that he was unworthy OF haVin