The San Francisco call., 1897-12-18

does not come within the provisions of
section 3l9 OF the Penal Code By this de-
c;sion the con viction and sentence in the
Police Court of Isaac Deutsch, a cigar
dealer, were reversed, and the case was or
dered dismissed.
In consequence a few hours after the
decision had been handed down hundreds
OF machines were clicking merr.Iy away
within the Imi,s Of the city, and their
jubilant owners smiled, as they knew ne
clouds of adversely had been swept away
by the stern hand of the law.
The decision OF yesterday is the resnlt
Of Chef OF Police Lees efforts to have the
machine declared illegal. Acting under
the Chefs orders stern action was taken
bv the police and many machines were
seized and their owners arrested. Isaac
? Deutsch was the first TO be placed on
trial for the offense cf Conducting lot
tery.''
He was tried and, on conviction, was
fined $50 by Judge Conlan. He did not
paw the fine, however, and appealed to the
Superior Court from the judgment. Peter
i. Dunno and Waiter II. Levy were re-
7tained 10 prosecute The defendants inter
est and District Attorney Barnes appeared
for the people. The case was argued be-
y
under advisement until yesterday morn
ing. when the decision was handed Gown.
. The opinion was q lengthy legal docu-
ment and covered vast perlod OF time In
, relation TO gambling and Lotteries. 1t
touched upon the gaming devices that
iIs4d ia cheerthe hearts OF Ancient Thebes
and closed bV declaring the nIckel-ln-the-
SLOT m achine gaming device ana no lot
: 'tarv. hence it violates no law ever passed
'by. the people Of California.
In his decision his Honor denneu Iot
terT in briet as a gam bling device provid-
ed Tor the apportioning OF money IN which
more Than one person is concerned.
r Snch a 2onditlon does not exist IN the
msnipulation OF the slot machine, as only
the party who drops the nlckel Is at the
time directly concerned. NO other per
son VINO might chance to pay the same
machine before or afterward 'ould be hurt
ar bene6red by the olher players success
or IN fortune This opinion Is suDstantl-
aied bv several decisions which the Judge
quote, and all tend to snow that lottery
was one thing, mere gambling oe'400
another.
Gal, lotteries are CANDLES, but al gam oles
are not lotteries" said Judge CooA; tba.9 tioiS
machine. used in this way, IS lottery' theh
every ga me OF cards p,ayed fof money i 4lke- M
wise lottery, whether IN puD.I5 pla'e ia shat
r,rivete house So likewise, wou the shak-
ing OF &c or the playing OF oolnlhoe % ahg h
oter of the IN any cGInes which cO 80
CI IUeTafe1, De lOiLeIItH "a 80
sAusd as such For it has been IeI ealedly
thai ali of such games are games games Gi d
cht ce Every game o. chance, noTe1e tDe aaa -
u0Nrfminal under our law, anu uhtIl ne Iese IS
islative department ol the government nahSs nnrt
such games CT mnal, it is not for tne hes
TO declare them to be So The LeGIsla' u u d r,el
declared certain enumerated gFnfs ~ ~
w,fh cards and with other imp ements to be ua- a.
lawful, and Lkewt,e any games when can can II II
denomInateI percentage or b nking games. l,
Le~ Trovided bV section 332 Of the Peilhl
Code however that all games played VIII iei
cards. where fraud and cheating are 1esolseo 1e3l!
virtually permits the playing OF all games "
card, which are not in terms pr9nloiteott ot
providing cheating and fraud pc o,i nos
INDUCED in for the doctrine OF the ex presses W
OF the one is the exclusion OF the other IS al
ways 10 be invoked in constituting statutory en-