The San Francisco call., 1897-11-09
SLOT MACHINES DOOMED.
The District Attorney Submits
an Opinion on Their
Illegality.
He Says the Board of Supervisors
Exceeds It's Authority in Trying
to Legalize Lotteries.

District Attorney Barnes lays down the
law in no uncertain terms in a lengthy
opinion submitted to Chief of Police
Lees on the legality of slot machines.
The opinion starts ont with descrip-
tion of the various machines now in
operation and their modus operandi. at
is no uncommon thing" the author states,
"for players a. these machines to deposit
in the form of nickels large sums OF
money, comparatively speaking, prior TO
winning anything whatever, and on the
other hand if the God of Chance should
favor the player he may win large num-
Der of cigars or other prize upon deposit
of his first nickel. The general outline OF
these instruments may be understood by
you as descriptive OF the honest machines.
1t is, however, a matter OF common
knowledge throughout the community
that many of these machines are dis
honest in this, that they fail to contain
the full com pement of cards.
'In some machines there are but fifty
cards. instead of the full deck of tifty-two,
and in other machines, SO avaricious is
their proprietor that they are as low as
thjrty-fve cards. If this information is
corr ect it can be readily understood that
even the most i'm perfect apprehension can
appreciate the enormous percentage In
favor o. the owner of the machine and the
absolute lack of fairness or honesty toward
the player.
Are these Instruments, of which the
descr! ption given above is characteristic,
in themselves a violation OF any OF the
laws OF this State? This is the first ques-
ton presented, and in response to this
question the answer unhesil aungy is
that these instruments are an absolute
violation of the provisions OF section 319
OF our Penal Code.
"The section declares that a lottery IS
| any scheme for the disposal or dlStribu-
| tion OF property by chance among per-
sons who have paid or promised to pay
any valuable consideration for the chance
OF obtaining such property or portion OF
| il, or for any snare of any interestin such
property upon any agreement, under
| standing, or expectation that it IS to be
| distributed or disposed of by lot or
cnance, whether called a lottery, rattle or
| gilt enlerprISe or by whatever name the
! same may be known.
! ''The law has, therefore, defined the word
| lottery broad enough to cover all these
| homogeneous devices in order that the
word may be intelligently used as includ-
ing ali. In other words, every scheme for
the distribution of prizes by chance is a
lottery, and manilestly, therefore, these
! machines come sQuarely within the terms
| OF this definition. 1t makes no difference
what name is given to the scheme. "A
rose by any otner name would smell as
sweet "a thorn by any other name would
prick as deep
| "Whenever the element of chance, then,
enters into The distribution OF prizes, the
| scheme is q lottery, without reference 10
| the name by which it is called.
| 1T is true that the Board of Supervis-
ors has passed an ordinance providing for
the licensing OF illegal machines, but this
action upon The part OF the board adds
| nothing to the legality of these machines,
nor would a license issued pursuant TO
the terms of this ordinance furnish any
! defense whatever to the proprietor of one
| OF these lotteries.
| II am therefore of the opinion, first,
| that these nickel-ln- the-slot machines are
! lotteries within the meaning of section
319 of the Penal Code of this State. Sec
| ond, that they are in no manner legaliZed
| by being licensed pursuant to the ordi-
nance of the Board OF Superv isoIs here
inaboYe referred to-"