The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-09-24
BACK TO DAYSOF 1889
Judge Blake Holds the t-Gambling
Law Unconstitutional.
THE GAMBLERS ARE ELATED
Kelly Applies for a License Under
tho Old Law and Is Given a
Permit In the Form OF a Re-
ceipt for Money rendered.
specInl pIsnatch 70 the Standard.

Special Dlspatch 20 the Standard.
Helena. Sept 23.-Judge Blake to-day
rendered a decision In the case OF the
State VS.. p. II. Kelly. in which he
holds the anti-gambling law Is uncon-
stltutional and that the law OF 1859 Is
In full force and effect. The same
points were involved as in the test case
recently before Judge Showers In Deer
Lodge.
The legislature repealed sections OF
the penal code licensing gambling that
did not exist. They repealed section
357 TO 500 OF chapter Q OF the penal
code. when there was no chapter In
the code containing the sections or re-
ferring In any way to gambling. The
sections intended to be repealed were
in chapter s. title 0. penal code. en-
titled Lotteries" Probably through
an error In enrolment the mistake was
made. Title Q. penal code. as enrolled.
has no chapter whatever. The chap
ter containing the sections supposed
10 have been repealed to make way
for the prohibited clause was not
law at the time Il was amended and
the point made by Attorney Wallace
that the legislature could not repeal
an act not law in the manner at
tempted was considered we'll taken.
As the constitution provides that the
legislative assembly cannot pass an
act other than for general appropria-
tion or general revision OF laws with
out resorting % the subject matter OF
the act In Its title. The sections licens-
ing gambling found in n chapter enti-
tied Lotteries" would also be uncon-
stitutionnl.
That being the case the old law of
1889 permitting faro and poker is held
the fact stated In the Information did
not constitute a public offense and the
defendant Is therefore discharged from
custody.
The gamblers OF Helena are very
much elated at their victory in the
district court and every one OF them
feels certain the supreme court is sure
to affirm Judge Blakes Judgment.
+. II. Kelly. who was defendant In
the test case Just decided In Judge
Biakes court, applied for license to
gamble as soon as judgment was ren.
dered. County Treasurer French had
been Informed that an application for
license would be made II the case was
decided In the gamblers favor and had
secured the opinion OF Attorney Gen.
eral Haskell on the matter. The at.
torney general said: "The decision OF
Judge Blake. as I interpret It. holds
that the law OF 1889. permitting OF
faro and poker. was not repealed. hence
gambling Ia AZ legal to-day as II was
then. | do not know whether an ap-
peal will be taken to the supreme
court. but until that is done. 1t Is your
duty to issue a receipt for the money
rendered you for a license. would
not advise you to issue a license until
the supreme court has passed upon the
question. The receipt given by YOU
viii permit of gambling until the val.
idity CT the law Is finally decided. II
Judge Blake Ia sustained. then receipt,
for money paid call for regular II.
cense. but II the anti-gambllng law
IL sustained. then their receipts cal
for the rounding Of the money"
Acting on this advice the county
treasurer took Kelly's money. glvine
him a receipt therefor. Kelly at once
opened up faro game In his rooms ir
III. NJ. Parchen's building. Tom Cray
on. one of the leading gamblers. ex,
poets to open q game tomorrow and
Koldray & Rosser will have a game
| r,tnniug soon