The Helena independent., 1889-01-22

~
fer of certain moneys into the general
fund. to amend ,rc. 1875, fifth division OF
the general laws. and % create terrific
rial board of r0uallzatiOn, prescribing us
duties as we'll ms those of certain county
officers.
Hunt introduced house bill No. 2, an act
10 prevent certain gambling games and fix
ing penalty i0r violation thereof.
m SITS GAMBLING BILL.
Sec. l. That II any person or persons
shall deal play at OF make any bet or
wager ul any Kind for money, OF anything
representing money, or any other thing of
value at any game OF games called, dealg'
mated ~ known as thrte card monte, strap
or hclt game, thimolr rlg, patent safe
game. black and red game, ten dice game,
percentage stud-hOrse poker, percentage
draw poker, twenty -One, high ball, blue
iay. chnck luck, short faro, roulette, two
card box faro, loaded dice game, berhlye
game, ease game, brace faro game, keno,
high Tor luck game, brace game envelope
game, ut any OF The said games called by
different names, or any game or games
similar tO those enumerated IN this act, but
called by different names, OF shall induce
or solicit or attempt 10 induce or solicit any
person 0r persons whatever to make any
bet ~ wager, or play at any such game or
ghmts, he Ia guilty Of felony, and on con
ylctiOn thereof shall be- Imprisoned ~ the
territorial penitentiaTy Tor n term of not
less than one nor more than i've years, and
by fine Oi not less than one hundred nor
more than five hundred dollars.
See. 9 Whoever keeps room, building,
tent, booth, shed, or tenement of any kind,
tO be- used ur occupied for carrying on, or
playing any Oi the games mentioned In the
foregoing section, 0r knowingly permits
the same to be- used or occupied for carry.
ing on or playing such games or any OF
them, or whoever being the owner Of any
house, room, building, tent, booth, shed or
tenement Of any kind, rents the same or
any portion thereof tO be used or occupied
for carrying 0n or playing any such game
OF games, is guilty Qi mlsdemsanOr ana
on conviction snail be- fined not more than
$500 nor less than 500 or imprisoned Ia
the county jail not more than six months
or less than ten days or both, In The dis
cTetion Of the court, and any
owner Of any such building, booth,
tent shed, or tenement, who knows
that any of the above designated games
are played or kept therein and does not
forthwith make complaint before some OH
Ger qualified under the laws OF Montana
territory, 10 issue warrant of arrest
against the person or persons 40 playing,
or using, Or keeping The same for such pur-
pose or purposes, shall be deemed tO have
knO wingly permit ed the same 70 be used
and occupied for such purpose.
Sec. 3 Whoever suffers or permits the
games designated, oT any OF them, IN said
Sec. OF THIS act, 10 be played for gain
upon or by meanr 0f any gambling device,
box cOntrlvance or machine Of any charac'
ter or denomination whatsoever, IN his
building or room of any pari thcreof, OF III
any OuthOuse, bunih, tent or erection. OF
which he has the care or possession, or
upon any race track or fair ground, Is
guilty Of misdemeanOr, and upon conyic-
liun shall be fined not more than 5000 nor
less than 500, or shall he imprisoned In
the county Jail not more than six months
nor less than ten days or both In the dlscre-
tiun Of the court.
Sec. 4. Whoever keeps or exhibits for
gain, or 10 win or gain money, or other
property, any keno bank, or any gambling
device, box, machine Or contrlyance Of any
kind or description under any denOmlna-
tion or name whatsoever. used In. or for
the purpose Of running or playing any Of
the games designated in Sec. | OF this act
is guilty Ot a misdemean0r, and on cOnvic-
tion thereof shall be fined not more than
$500 nor less than 500 and imprisoned in
the county jail, not more than six months
nor less than ten days.
See. 8. Any keeper or manager OF hotel,
public resort, or of any tair ground OF rae e
track who suffers or permits any of the
games designated In See. ! Of this act 70 bt
played al or within such place or places, or
In any out house, building, room or cree
tiou Appendant thereto. or connected there
with, Is guilty or a misdemeanor and on
conviction thereof shall be- fined not more
than $500 nor less than Sl00 and be impris-
Oned In the county jail not more than six
months nor less than ten days.
Sec. u. Any treasurer of any city or
county in their territory who shall know
ingly issue any license 10 any person or
persons or association of persons for the
purpose Of running OF playing any OF the
games In section oi this act Is guilty OF q
misdemeanor and shall ON conviction b,
fined not more than $500 nor less Than Sl0l
or be imprisoned In the county jail moi
more than six months nor less than ter
days or both In the discretion of the court
Sec y. II shall be the duty Of all sheriils
deputy sheriIs, c0nstables ana polio,
officers, and they are hereby required "a
sei1r any table, box, machine, case, dice,
cards or other apparatus or article suitable
for the purpose ~ playing, or carrying On
any Of the games designated In section OF
this article, found In the possession oi
under the control Of the persons 80 ar
rested, and To deliver the same TO the mag
t0hthN' t'i'ii NNNut lht B'tcon aiibrNtd "a
required 10 be- taken.
See. \. The magistrate 10 whom any.
thing suitable for playing nj any OF the
games designated IN section | OF this act II
| delivered, pursuant To the last section
must, upon the examination ot the defend
ant, or II such examination is delayed oI
prevented, without awaiting such exam
inatiOn, determine the character Of the
| thing sO delivered 10 him, and whether II
Int .laI IA.
employed by the defendant In violation OF
the provisions Of this act; and II he findt
that II is of a character suitable for carry
ing on or playing any Of the games deslg
mated IN section | of this act, and that II
was used, Or wns Intended 10 be used by
the defendant In violation of this act, he
must cause II 10 he destoyed or to be deliv
cred 10 The county attorney ot the county
IN which the defendant Is liable 20 indict
ment or trial, as the Interests OF justice
may In his opinion require.
Sec. v Upon the conviction OF the de
iendant the county attorney must cause IL
be destroyed everything suitable for play
ing or carrying on any of the games desig
mated IN See. of this act, In respect
whereof the defendant stands convicted
and which remains In the possession oI
under the control Of the county attorney.
Sec. 10, No law Of Montana territory
THal ut tblFliutu W Htl'
nit In any manner whatsoever the run
ming, carrying ou, or playing of the games
designated In sec. of this act, and sec.
1850 OF the Fifth Division OF the complied
Statutes Of Montana and sec. 10
OF an act TO amend an act entitled an aci
concerning licenses, approved Sept a.
1871, so far as they relate 10 the games DIES
ignated In section one OF this act, be and
the same are hereby repealed. This aci
shall take effect on and after Feb, |, 1889.
The bill was read first time at length. a
second time and referred 10 the committee
on printing,
A message was received from the coun
ell announcing the Introduction and motor
of bills.
The chair announced that owing TO sick
ness In his family, Joslyn asked further
leave OF absence. No objection beinl
made Indefinite leave was granted.
Adjourned.