Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-01-26
THE ANTI-GAMBLIHG Law.
Full Text of the Bill Now Before the Mo-
tana Legislature.

Full Text of the Bill Now Before the Men
tana Legislature.
An act to pr ,hibit certain gambling
games and fixing a penalty for violation
thereof:
Be it enacted by the legislative assembly
of the territory OF Montana.
Section 1. That II any person or per-
sons shall deal. pla vat or make any bet
or wager OF any kind, for money or any.
thing representing money or other thing OF
value, at any OF the game or games called,
designated or known as three caro-
monte STRAP or belt game" thin
b~le.rip'" .tpatent sale game" "black
and red game" "ten dice game" percent
age stud.horse poker" percentage drsw
neker.n .twenty.one," "high ball. 'blue
iay. j"'chuck luck "..shortfaro ,"'roulette."
"two.card box faro" "loaded dice game, "
"bee hive game" lease game" "brace far0
pane" "keno," "bigh for luck game.
ss.brace game" ''enyelope game, or any OF
the said games called by different names. or
any game or games similar 10 tnose enuMeI.
ated in this act, but called % uineren'
names. or hail induce or solicit, or at
tempt to induce or solicit, any person or
persons whatever to make any bet or
| wager. or play at any such game or games,
he Is guilty of a felony, and on conviction
| thereof shall beimprisoned 10 the territorial
| penitentiary fer a time not less n one
| nor more than five years, and by q hne NOT
| less than ONE hundred or more than hve
| hundred dollars.
Sec, Q. Whoever keeps a room, building
tent, booth, shed or tenement OF any Klnd,
IN he used or occupied for carrying on or
| ~playine any of the games mentioned IN the
FOREGOING section, or knowingly permits the
same to be used or occupied Tor carrying ON
| or playing such anne or any OF them; or
| whoever. being the owner OF any house,
room. building, tent booth, shed or tene-
ment OF any kind, rents the same, or q
| portion thereof to be used or occupied Ior
carrying on or playing any such game or
games is guilty OF q misdemeanor, ana ON
conviction, shall be lined not more tnan
Ave bundl ed nor less than one hundred
dollars. or imprisonment in the county jail,
not more than six months nor less than
ten DAYS. or both, in the discretion 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 ON
Ger qualified under the laws oil Montana
Territory to issue a warrant OF arres1
against the person or persons so playing
or using Ut kCCpluS u o0
pose or purposes, shall be deemed to have
knowingly permitted the same to be used
and occupied for such pupose.
Sec, 3, Whoever suffers or permits the
games designated, or any OF them, IN said
section 1 OF this act to be played for gain
unon or by, means OF any gambling device,
box. continuance or 1, achine OF any charac'
ter or denomination Whatsoever IN his
building or room or any part Thereon or IN
any clubhouse, booth, tent or erection OF
which he has the care or possession, or
mon any race track or fair grounds, is
qu;lty OF a misdemeanor; and upon con-
yiction shall be fined not more nor less
than one hundred dollars, or shall be i'm
nrisoned in the county Jail not more than
ak months nor less than ten days or both,
in the discretion of the court. ~
Sec. 4. Whoever keeps or exhibits for
gain, or to win or gain mones or other
property, any keno bank or any gambling
device, box. machine or contrivance OF any
kind or description under any nomina
ton or names whatsoever used in, or Tor
the purpose of running or playing any OF
the games designated in section 1 OF this
act. ia guilty of q misdemeanor, and upon
conviction be lined not more than five hum
dred dollars nor less than one hundred
dollars and imprisoned in the county jail
not more than six months nor less than
ten days.
Sec. s. Any keeper or manager OF q hotel,
tavern, saloon or other house or place OF
public resort, or of any fair grounds or race
track, who suffers or permits any OF the
games designated in section 1 OF this act, to
he nlayed at or within such place or places,
or in any clubhouse. building, room or erec-
tiou a%puendant thereto or connected there
with. ia guilty of a ~misdemeanor, and on
conviction thereof, shall be fined not more
than five hundred nor less than one hun
bred dollars, and be imprisoned In the
county Jail not more than six months nor
less than ten days.
Sec. g. Any treasurer OF any city or
county in this territory who b know
ingly issue any license to any person or
nersons or association OF persons for the
purpose OF running or playing any OF the
games designated in section 1 OF this act
ia guilty of a misdemeanor, and shall, on
conviction, be fined not more than five
hundred nor less than one hundred dollars,
or be imprisoned in the county I'LL not
more than six months nor less b
ten days, or both in the discretion OF tne
court.
Sec. z. 1t shall be the duty oil the sher-
ifs. deputy ~sneriffs, constables and police
officers, and they are hereby requested
to seize any table, box, machine case, dice,
cards, or any other apparatus or article
snitabIe for the playing or carrying on
auy of the games designated In section 1
of this article, found in the pos
| session or under the control OF the
| person SO arrested and to deliver the
same to the magistrate before whom the
nerson arrested is required to be AIKEN.
Sec, g.. The magistrate, to whom any
| thing suitable for playing at any OF the
games designated in 9 ction 1 OF this act is
delivered pursuant to the last section,
| must upon examination by tire defend
| ant. or. il such examination is delayed
or prevented, without awaiting such ex-
animation, determine the character OF
| the thing 50 delivered to him, and
whether it was employed, or actually IN
tended to be employed, by the ~defendantin
violation of the provisions OF this act;
and if he finds that it is Of a character suit
able for carrying on or playing any OF the
James designated in section l OF this set,
and that it has been used or was intended
TO be used by the defendant in a ton OF
this act, he must cause it to be Destroyer,
or to be delivered to the county attorney
of the county in which the defendant is
liable to indictment or trial, as the inter-
ests of justice may, in his opinion, require.
Sec. 8. Upon the conviction OF the defend
ant the county attorney must cause to be
destroyed everything suitablefor playing or
carving on any part OF the games desig-
mated in section 1 of this act, in respect
whereof the defendant stands convicted,
and which remains in the possession or
under the control OF the county attorney.
Sec. TO-. No law OF Montana territory
shall in any manner be construed to per.
NIT in any way whatsoever the running,
carrying on or playing of the games des'
} ignated in section 1 of this act. and Sec
ton 1850 Of the fifth division OF the com.
piled statutes OF Montana, and section 1C
of an act to amend an act entitled an ACT
concerning licenses, approved September
Ia, 1887, so far as they relate to the
games designated in section 1 OF thit
act be, and the same are hereby re
pealed.
This act shall take effect on and aftel
February 1, 1889.