The silver messenger. (Challis, Idaho) 1890-1912, 1897-05-25
Can Play For Drinks-
Boise Statesman.l

In response to queries from
Charles Ell. Clayton of Ceur d.
Alene City, Attorney General
Mcfarland has written an opin-
ion that will be read with great
interest by devotees of enticing
solo and other games played for
pastime, coupled with a desire
to maintain the country's inter
nal revenue receipts. The opin-
ion is as follows
Dear Sir: / am in receipt of
your communication of the 18th
inst, submitting the following
questions
''Is it an offense, under section
of the anti-gambling law, pass
ed at the last session of the Ida
ho legislature, to play whist,
slough, seven-up or hearts for
drinks or cigars only ?"
What is meant by the words
'or any other representative of
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 suf-
fers or permits to be opened, or
who conducts, either as owner,
employe or lessee, whether for
hire or not, any game of faro.
monte, roulette, lansquenet, rouge
ct noir, rondo or any game play.
ed with cards, dice, or any other
device, for money, checks, credit
or any other representative of
value, is guilty of misdemean-
or, and is punishable by fine not
less than two hundred dollars or
Imprisonment in the county jail
not less than four months"
In my opinion it was the evil
dent intention of the legislature
to prohibit gaming for money or
for anything that represents
money, such as checks, drafts,
bank bills and certificates of de-
posit; in short, anything that is
intended to stand for or held in
lieu of money.
While drink or cigar may be
thing of value, does it repre-
sent money If it does not rep
resent money, is it a ''represen-
tative of value ?"
am inclined to the opinion
that playing cards for a drink or
cigar is not playing for a repre-
sentative 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 a drink or
cigar shall stand for, represent
and entitle the winner thereof
to stated sum of money.
Again, in determining the
meaning of the words, ''any 9TH
er representative of value" the
rule noscitur a sociius applies;
the general words following the
particular enumeration must be
held to include only things of the
like kind.
1t cannot be said that money
checks, credit and drinks and
cigars are of a like kind, unless,
as above stated, it is first agreed
or understood that drinks and
cigars shall represent money.
Had the section read money,
checks, credit or any other arti-
Gle or thing of value" there
would have been no question of
its prohibiting games played for
drinks or cigars.
| do not believe that said Sec
ton was intended to cover the
games mentioned by you when
played for drinks or cigars only.
This, however, is merely my
opinion. The courts may take a
different view of it.
Trusting that I have answered
your questions in such a manner
as to convey to you the meaning
I intended and that you will con-
slider what | have written an op-
inion upon law question and
not advice to play cards for
drinks and cigars.
Very truly.
r. E. MCFARLAND,
Attorpoy General