The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1897-05-22
CAN PLAY FOR DRINKS.
Such Is the OPINION of the Attor-
ney General.
New Act Aimed Merely at Gambling for
Money or Anything That Represents H.

I
, New Act Aimed Merely at Gambling I,
Money or Anything That Represents II.
Boise Statesman
\ In response to queries fror
Charles Il. Clayton of Ceur d'Alen
| City Attorney-General McFarlan
has written an opinion that will
read with great interest by devotee
of enticing solo and other game
played for pastime, coupled with
desire to maintain the country's in
ternal revenue receipts. The opin
ion is as follows:
Dear Sir: | am in receipt of you
communication of the 18th inst
submitted the following questions
"Is it an offense under section
of the anti-gambling law, passed a
the last session of the Idaho legis
lature, to play whist, slough, seven
up or hearts for drinks or cigar
only?'
"What is meant by the words 90
any other representative of value
used in said section?"
The section you refer TO reads az
follows:
Every person, who deals, plays o.
| carries on, opens or causes to be opened
or suffers or permits to be opened, or who
conducts, either as owner, employee OF
lessee, whether for hire or not, any game
OF faro, monte, roulette, lansquenet
rouge ct noire. rondo or any game played
with cards, dice, or any other device, fol-
money, checks, credit Or any other repre-
sentative of value, is guilty of q misde
meanor, and is punishable by fine not less
than two hundred dollars or imprison
ment in the county Jail not less than
four months"
In my opinion it was the evident
intention of the Legislature to pro-
hibit gaming for money or for any
thing that represents money, such
as checks, drafts, bank bills and
certificates of deposit; in short,
anything that is intended to stand
for or held in lieu of money.
While drink or cigar may be a
thing of value, does it represent
money? If it does not represent
money, is it a representative of
value?"
l am inclined to the opinion that
playing cards for drink or cigar
is not playing for a representative
of value in the sense or meaning
in which the words "any other
representative of value" are used
in said section, unless it is first
agreed or understood, by the players,
that drink or cigar shall entitle
the winner thereof to a stated sum
of money.
Again, in determining the mean
ing of the words, "any other repre-
sentative of value" the rule noscitur
a sociis applies; the general words
following the particular enumera-
ton must be held to include only
things of the like kind.
IL CduIlOI Oo SdlO Ildt ulOIlty.
checks, credit and drinks and cigars
are of a like kind, unless, as above
stated, it is first agreed or under
stood that drinks and cigars shall
money.
Had the section read "money,
checks, credit or any other article
or thing of value" there would
have been no question of its pro-
hiblting games played for drinks
Or cigars.
| do not believe that said section
vas intended to cover the games
mentioned by you when played for
drinks or cigars only. This, how
ever, is merely my opinion. The
courts may take a different view
IF it.
Trusting that | have answered
your questions in such a manner
Is to convey to you the meaning
Intended and that you will consider
what | have written an opinion
Upon law question and not advice
o play cards for drinks and cigars,
am, Very truly,
r. E. MCFARLAND,
Attorney General.