Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1897-05-28
Can Play for Drinks.

LII response 10 queries lfOHl
Charles II. Clayton of Cnur d'Alene
City, Attorney General Mcfarland
has written an opinion that will
be read with great interest by de.
voices of solo and other enticing
games played for pastime, coupled
with q desire to maintain the
country's internal revenue receipts
The opinion is as follows:
Dear Sir: 1 am in receipt Of
your communication of the IL inst
submitting the following questions;
''Is it an offense, under section
l of the anti-gambling law, passed
at the last session of the Idaho
legislature, to play whist, slough
seven-up or hearts for drinks OF
cigars only?
"What is meant by the words
'or any other representative O.
value used in said section?"
The section you refer to reads as
follows:
every person who deals, plays
or carries on, opens or causes to be
opened, or suffers or permits to be
opened, or who conducts, either as
owner, employee or lessee, whether
for hire or not, any game of faro
monte, roulette, lansquenet, rouge
ct noir, rondo or any game played
with cards, dice, or any other de-
vice, for money, checks, credit OF
any other representative of value,
is guilty of a misdemeanor, and il
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 evi.
dent intent of the legislature te
prohibit gaming for money OF fol
anything 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 a drink or cigar may be a
thing of value, does it represent
money, is it a representative Of
value?"
I am inclined to the opinion that
playing cards for a drink or cigar
is not playing for representative
of value in the case or meaning in
which the words "any other repre-
sentative of value" are used in said
section, unless it is first agreed OF
understood, by the players, that a
drink or cigar shall stand for, rep
resent and entitle the winner there
of to stated sum Of money.
Again, in determining the mean
ing of the words, "any other repre-
sentative of valne," the rule nosci-
tur sociis applies; the general
words following the particular
enumeration must be held to in.
clude only things of the like kind
1t cannot be said that money
checks, credit and drinks and CT.
CARS are of a like kind, unless, as
above stated, it is first agreed OF
understood that drinks and cigars
shall represent 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-
hibiting games played for drinks
Or cigars.
/ do not believe that said section
was 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 different view Of
it. Trusting that I have answer.
ed your questions in such a manner
as to convey to you the meaning ]
intended and that you will con
slider what I have written an opin.
ion upon a law question and mo-
advice to play cards for drinks
and cigars, ] am,
Very truly,
R. E. MCFARLAND, Atty Gen'l
~, x,o,,r WOW 10 or f,.o,n TIL