Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1897-01-28

Achs- /
Dear Sir: Yours of the 14th at
hand, and by way of preface / will
state that in this instance l depart
from the practice heretofore observed
by me of referring you to h county
attorney for the Information that
information is to a certain extent a
usurpation on my part of the func-
tions properly devolving on the
county attorney. From the fact
that the inference is fairly deducible
from your letter that a wrong i'm
preston is prevalent in county in
reference to gambling 1 have taken
the matter up, and submit to you
the result of my investigation in the
| views hereinafter expressed.
All games without restriction were
permitted in this Territory until the
enactment of the SO called Hunt
gambling law in 1889, and any per-
son could engage in carrying on any
or all games of chance by paying
| the license required. The Hunt law
prohibited certain games, andfOr the
purpose of answering your inquiry it
will only be necessary to refer you
to one section of hat law.
"Sec.1. That if any person or persons
shall deal, play at, or make any bet
or wager of any kind, for money or
anything representing money, or
other thing of value, at any game or
games called, designated or Known
os ..fhraa card mnnfQ .safran mr.
belt game" ''thimblering," monte"
patent safe game, 'black and red"
game, ''ten-dice" game, wheel of
fortune" percentage stud horse
poker" percentage draw poker"
twenty N ,'''high-ball, '''bluejay,"
"chuck luck ,"''shortfarO, "'roulette,"
two card box faro" LOADED dice"
game, bee hive" game. lease" game,
"brace faro game, keno, high
for luck game, brace" game. .'enve-
llOpe' game, or any brace game or
games of any character or descrip-
ton whatsoever, or any of the said
games called by different names, or
any game or games similar to those
enumerated in this section, or called
by different names, or any person or
persons who play at, or conduct
any game OF cards, where marked
cards are used, or who uses any Q
/ Ut ucNlCC ioI ahy game VI ShouSC u
any character or description with
intent to deceive any person playing
at such game or games, or any per-
son, who, i'm collision with any
other person plays at or induces
another to play at, any game or
games of chance, with intent to de-
ceive or mislead any other person,
or persons who conducts or deals at
, any game or games of chance where
the percentage is greater i'm favor OF
the dealer than it appears to be on
: it's face; Dr. who conducts or deals at
any cheating or fraudulent game OF
4, chance of any kind or description
whatsoever; OF who plays or con-
ducts any game OF chance OF any
character where the dealer or person
conducting such game has any secret
or hidden or unfair of playing
or dealing whereby the party who
l plays ia deceived by such secret OF
I hidden or unfair means, or shall in
duce or solicit, or attempt 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, n on con.
victiOn thereof, shall be imprisoned
, in the state ~penitentiary for Il term
not Less than six months nor more
: than two years, and by Il fine of not
] less than one hundred, nor more
\ than five hundred dollars: Provided
!. nothing i'm this act contained shall
be construed to i'm any way prevent
or prohibit the licensing or conduct.
ing, according to law, of the games
! Icalled and known as faro bank
and round the table poker" or the
selling Of auction and Paris mutual
pools ON races"
The license law having to do with
I the licensing OF games of chance
! reads as follows:
a ANY person or persons or assOcia
ton of persons who shall keep any
q house or saloon room, or club room,
game Of chance is dealt OF played fol
[ money. Or anything representing
b money or having money value Ii
used, ventured or hazarded shall
, before starting such business, pay a
license of 800 per quarter, and in
addition thereto such person or per
sons shall pay a license for each
g table (which table shall not exceed
|, eight feet in length by our feet in
with on which the game commonly
3 called faro" is dealt or played, $4(
per month.
ANY person violating any of the
provisions of this section shall upon
conviction, be fined in. any sum not
u less tina $500 o more than $1,OOt
or Imprisonment i'm the county jaii
q for rot less than thirty days mol
more than six months, or both such
fine and Imprisonment in the dis
D cretion of the court; providing that
e one-half of the fine shall 90 to the
person so informing"
V 1t will be seen hat faro. round the
y table poker, the selling of auction
Il and Paris mutual polls on races were
expressly permitted by the Hunt
u gambling law whether or not
y possessed of the objectionablefeat ures
v specified in the section above re
I ferred to. So hat under that law
faro bank, round the table poker
+ the selling of auction Paris mutual
pools ON races and all other games
of chance not ~partaking of the char
g acteristics of the games enumerated
i'm the section above referred to oil
that might not he denOminated Oh
considered as brace games or that
I did not give a greater percentage tC
= the dealer than appeared on the face
etc, were legal and could he played
y upon paying the license which tn,
= law required. This was h situa
n ton of affairs until the adoption O
e the codes. The codes as originally
D prepared prohibited gambling blu,
e the legislature amended the PenaI
e Code prohibited. gambling by incor
operating the Hunt gambling law Ia
full and the section with other