Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-01-26

fixing the penalty for playing such games,
was read. Comfort OF Madison moved to
amend by adding sfaro banks and round
the-table poker" to the list OF prohibited
games Amendment seconded by Murray
OF Missoula.
HUNTING THE LIGHT-FNGERED GENTRY.
Hunt took the floor to oppose the
amendment. He said his bill purposely
excepted faro and round-table poker.
change OF affairs was noticeable
since the early days, and among it's results
was the capitalization OF society. The
vices OF ruder and rougher days had no
place in the society Of to-day. Previous
legislatures had properly endeayored to
keep the laws of the Territory abreast OF
and even ahead of public sentiment. The
playing OF such games as "high ball,
"chuck luck" )" ETC., had been absolutely pro-
hibited in the Bannaek statutes OF 1854,
and this prohibitory law could be found in
the Qualifications OF 1871 and 1879. In
1879 certain games before prohibited were
licensed and again the same legislation was
enacted in 1883 and 1887. As the law OF
1887, the one now in force stood, these
sure thing games were prohibited in one
statute and expressly licensed in another:
In this county, under the opinion OF
County Attorney Wallace rendered to the
Treasurer last September, these games are
allowed to 60 on under the license stipu-
| lated by the act OF September, 1887,
when reduced by one-half the licenses i'm
posed by the act of March 10, 1887.
Each of these laws has proviso that
nothing contained in them should be con-
strued into licensing. ">
GAMES PROHIBITED BY OTHER LAWS.
The interpretation OF this conflicting
legislation was the subject VI difference
among lawyers.
Without disputing Mr.. Wallace's view Of
the subject, he thought all doubt should be
removed. Enact the bill have introduced
and you will dispel this uncertainty and
rid our cities of the curse Of these sure
thing dives and dens. 1t is not
expedient now to add faro and table
poker to the list Of prohibited games.
Vote for this bill as it is first and then
come in with another absolutely prohib-
itory if you want to 60 further. Ii it needs
amendment, we shall have time to make it
at this session after FEBRUARY 1, when the
bill will take effect. If passed. This bill
imposes q penalty for county treasurers
to issue licenses for any OF these games.
This throws the burden upon the gambler,
and if the thinks he can compel the treas
urer to issue license, his only recourse is
to go into court and swear out writ OF
mandamus.
FOR AND AGAINST THE AMENDMENT.
Comfort OF Madison spoke in support OF
his amendment. He said he indorsed Mr..
Hunts eloquent expressions as far as they
went, but he wanted to go farther. Faro
was sure.thing game, so was poker. All
were sure-thing games, and the law permit
ting gambling ia any form was disgrace to
the territory. -.
Murray OF Missoula spoke in favor of the
amendment. He favored the bill, but
wanted to see it 60 further and root out
entirely the evil OF gambling. The bill
would only apply to Helena and Butte, as
sure-thing games were not conducted in the
smaller towns, but gambling was carried
on everywhere in some form, and be un-
dertook to say that it was carried on
against the wishes OF the great majority OF
the citizens OF Montana. Prominent gam
blers at Missoula had told him that, ii a
gambling law was passed, it ought to reach
all kinds of gambling and prohibit it en-.
tirely. There was no difference in gambling
games. The difference was the honesty
or dishonesty Of the man who
manipulated the same. 1he faro box
WIS just as dangerous as the sure thing
box in the hands OF dishonest man. He
regarded the bill as q petition from the
high-toned gamblers protesting against
competition in their business with so.called
"sure thing" men. That gambling afforded
revenue was not to be considered. Its
effects on our people, our workingmen, our
bows and our homes ought to be considered,
and for this reason he hoped to see it
stamped out.
Blakely opposed the amendment, creating
some merriment by saying that he spoke
from experience.
Joslyn opposed the amendment, on the
grounds that he would not vote for any
law that he knew could not be enforced.
Mantle spoke against the amendment
for the reason that it did not cover the
ground desired even by it's supporters. IL
adoped it would leave plenty OF room Tor
gambling, as other games not mentioned
would be stated. If it was the desire OF the
supporters of the amendment to prohibit
all gambling it could best be done by an
independent bill that would be absolutely
prohibitory in it's provisions. he favored
the bill.
Davis favored the bill, and was opposed
to the amendment, but in order to give
further time for discussion he moved that
the committee rise and ask to sit again.
Lost.
The motion on Comforts amendment
was then put and it was lost by a vote OF
Is to 4, Comfort, Swiggett, Murray and
Willis being the affirmative voters.
The committee then rose and asked leave
to sit again.
House resumed and took a recess till 2
O'Clock.
At the afternoon session another amend
ment to the gambling bill was proposed so
az to forbid faro and round table poker. 1t
was lost by an equally decisive vote as in
the merning The committee then arose
and reported the adoption OF the bill.
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