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

uooNc fcicTEcu W prONiuiuB IoT tuC
licensing of games of chance. The
Penal code as thus amended became
the law of the state. Senator
introduced a bill to pro-
hibit gambling, which passed both
houses and received the signature of
the governor, but was declared IN
constitutional on of defect
of title. This left in force the Hunt
law and the section above referred
to providing for the licensing Of
games of chance.
1t il my judgment, then, that
faro, poker, selling auction and
Paris mutual pools ON races. and
such other games of chance, as do
not come within the prohibition set
forth i'm the section of the Hunt law
state upon d paying of the license
required by law. If any games are
played prohibited by the Hunt law
the parties engaged i'm the playing
are guilty of "a felony, and if games
are played which are not inimical to
the Hunt gambling law the parties
are guilty of a criminal offence in SO
playing them without paying the
license which the law requires.
Without intending to reiterate what
l have already stated, it is clearly
the duty of the peace officers of Fer
gus county to suppress such games
as are not permitted by the Hunt
gambling law, AMI to collects che
license for such games as are played
in your county, and are not pro-
hibited by said law. 1t is clearly
the duty Of all peace officers to see to
it that the criminal laws of this
state are enforced, and an officer
knowing of the commission of a
games are conducted to his know
ledge prohibited by the Hunt gamb-
ling law, or II games permitted by
| the Hunt law are conducted without
the payment of the license which the
law requires, is grossly derelict in
the performance of his official duties,
and this itself under our law consti-
tutes an offence. OF course, any pri-
vate citizen is at liberty to appear
before a county attorney or justice
of the peace and set the machinery
of the law In motion in order that
those engaged in the commission OF
crime may be brought to justice.
Very truly yours.
C. b. NOLAN,
Attorney General.
BY this it will be seer that nearly
every game played in Lewistown
and probably. other points in the
county is prohibited by the state
law and the penalty for violation oi
this law il very severe. Poker il
allowed by the law but not where
the house derives a percentage us IL
the ease now. Faro liz also permit,
ted. but for some time past no games
LIE wistown at least.
Since receiving this decision WI
have looked into the matter q
licenses and find that the treasurer
has certainly been derelict i'm hi
duties, for not since May 18th LAS
has "a single dollar been derived from
gaming licenses, except from Utica
where the last license issued expired
June LIST. Also, for some time prio
to May 18th no licenses for gimblin,
at TIBET, stanford, Gilt Edge, or a
any point except LewistOwn ant
Utica, were in force. The licens
prescribed by law is 800 per quartz
and $40 per month extra for enci
faro table. A conservative estimat
| of the amount lost to Fergus count.
on this account is $4,000. TIL
+ treasurer has placed the matter il
1 the hands of the county %attorne.
: and that officer has notified all tn
parties liable that licenses must b
+ procured at once and arrearage
paid. If this request is not complies
with action against the gambler
will be commenced at once.
o. The books of the county treasure
also show that Others beside tn
, gamblers are behind in their pay
> ments on licenses. One physical
has not had a license for years an
4 the licenses of others expired early |
e 1896. Two lawyers have paid moth
|. ing for licenses since October LIST. 1885,
One restaurant in Lewistown ha
| never had a license and the license c
another expired last September
. These matters have also been places
, in the hands of the county attOrne.
e and the delinquents will be calle'
upon to pony up.