Birmingham state herald., 1897-02-03
POOL ROOMS MUST CLOSE Full Text of the Supreme Court
 Decision WHICH KNOCKED THEM OUT Case of the State vs. StripIing Reversed and demanded.
FUTURE DEALINGS ARE INCLUDED
Justice McClelland Reviews the Case and Decides That the Dealings Come Un-- der the Head of An Act For
 Suppression of Gambling.

following decisions were rendered by the supreme court today:
 Per Curiam.-Andrew Flames vs. the State of Alabama, appeal from Jackson circuit court; reversed and remanded.
 Eufaula Grocery company vs. Petty, appeal from Barbour circuit court; order of dismissal set aside and case restored to docket upon payment by appellant of $15 of cost within thirty days.
 Mcclellan, J.-The State of Alabama vs. James D. Stripping, appeal from Mont gomery circuit court; reversed and re- manded.
 z The Birmingham Dry Goods compeny vs. B. r. Bledsoe, sheriff. etc., appeal from Blount circuit court; reversed, rem dered and remanded.
 Martha D. Blob vs. Leonidas Crews, appeal from Montgomery city court; affirmed.
 w. H. and Ed Taylor vs. Sallie Corley ct al, appeal from Marengo circuit court; affirmed.
 c. H. Rogers vs. W. S. Haines ct al, ap- peal from Calhoun chancery court; re- versed and rendered
 James MoMunn vs. the State of Ala bama, appeal from Madison circuit court: reversed and remanded.
 James Scott vs. the State of Alabama, appeal rom MadlSOn circuit court, re- versed and remarked.
 Woodward Iron company vs. Thomas N. Herndon, administrator, etc., appeal from Jefferson circuit court; reversed and remanded.
 Woodward Iron company vs. Jim An drews, appeal from Birmingham city court; affirmed.
 Dick Everage ct al. vs. the State of Alabama, appeal from Crenshaw circuit court; reversed and remanded.
 Louisville and Nashville Railroad com pany vs Bernheim, Bauer & Co.,, appeal from Escambia circuit court; affirmed.
 C. w. Knight ct al. vs. A. R. Knight ct al., appeal from Lowndes chancery court; affirmed.
 J. T. Lackland vs. w. J. Rogers, appeal from Clark circuit court; affirmed
 Coleman, J.-W. J. Bell vs. Anniston Hardware company, appeal from Gle burne circuit court; affirmed.
 B. P. Garner vs Hall & Farley, appeal from Dale circuit court; reversed and remanded.
 Eufaula Grocery company vs. Mis- souri National bank, appeal from Bar bour circuit court; affirmed.
 City Council of Montgomery vs. Will Parker, appeal from Montgomery city court; reversed and remanded.
 D. P. West vs. Brown, Gaston & Hay good ct al appeal from Montgomery chancery court; affirmed.
 Haralson, JIG. J. Thornton ct al. vs. w. A. Bethany, appear rom ItuSSeii chancery court; affirmed.
 A. L. Porter vs. Georgia Home Insur- ance company, appeal from Talladega city court reversed and remanded.
 Edward P. Lord vs. the city of Mobile, appeal from Mobile circuit court; re- versed and remanded.
 James J. Laughran vs. w. P. Brewer, appeal from Jefferson circuit court; affirmed.
 F. M Hightower ct al. vs. T. E. ogle- tree, appeal from Talladega circuit court' reversed and remanded.
 Following is the decision in full in the case of the state of Alabama vs. James D. Stripling, appealed from the Montgomery city court, pertaining to pool selling on horse races
 The State of Alabama-Judicial depart
 ment-The supreme court of Alabama
 November term, 1896-The state of Ala
 bama vs. James D. .Stripling appeal
 from Montgomery city court.
 Mcclellan. 1.-The question involved in this case is the constitutionality of an act approved Feb. 26. 1889, For the bet ter suppression of gambling" Acts 1SSS- 9, p. 45. Under this caption, the act prohibits and denounces as criminal the selling of pool or tickets, or the, making or taking of any wager, or the entering into any transaction whereby money or other thing of valte-may be won or lost upon any horse race, prize fight, drill, base ball game or other contest Of any kind not occurring in this state.
 The first ground of attack upon the constitutionality of this statute is that the subject with which it deals is not ex- pressed in its title, and upon this point we adopt the brief of counsel for apellant as the opinion of the court: The title of act is "the better suppression of gamb- ling" and it authorizes the inclusion in the body of the act all provisions appro- priate to 'better suppress" whatever may be justly included in the term gambling" If the things included in the body of the act and forbidden by it are gambling" then there is nothing for the objection to stand on; for the sub ject is clearly expressed in the ti- tie. This court has never held that the title must specifically name or describe every element of the subject It is sufff- cient if the things regulated or forbiddeg in the body of the act fall within the generic purpose expressed in the title. and relate to it. Details are matters of legislative, not of judicial discretion. within these limits. Ballentypne vs. Wickersham, 75 Ala. 537.
 The inquiry then narrows itself to this, are the acts forbidden gambling" in the common and ordinary acceptation and meaning of the word. It has no technical or legal meaning distinct from it's con- mon meaning. Gambling in its ordinary signification means, "to play game, es- pecially game of chance. for stakes; to risk money or other possession on an
 
 buy or sell depending upon chance varia- tons in prices for gain" etc. Standard Dictionary. vol. 1. D. 742. "To practice gaming; to play for money. or any other stake or prize, to game" Worcester's dictionary. D. 603. 'Ali contracts between two or more persons, whereby they agree to risk their money or property upon con- tingency or chance. which in the nature of things may or may not happen, and whereby the one party will be the gainer and the other loser, are deemed to be gambling contracts" Am. and Eng. Ency. La, p. 993. See also Brice's appeal. 55 Pa St. 294 Bell vs. State. Sneed, 5O7: Wilkinson vs. Gill. "A N. Y. 6S; Shrop- shire vs. Glascock. S1 Am. Dec 1S9, Bishop on Stat Crimes. section s5S; . Wharton's Criminal Law section 14S5. Whether or not betting on horse race is criminal offepse, 1t is certainly gambling or wagering contract under our code. section 1742
 Betting on horse racing has often been held game within the meaning of
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