Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-15
Senator Tierney Will Fight Fer
the Gamblers.
HIS BILL is INTRODUCED
Makes Gambling a Misdemean0r In
stead of a Felony and is Just
What Gamblers Want.

A few days ago the Inter Mountain
gave the news to the public that the
gamblers did not expect to secure the
passage of the Carr bill, licensing gamb-
ling, and later in the session would intro
duce a measure making gambling a mis-
demeanor instead of a felony. The an
ticipations of the Inter Mountain were
realized soner than was expected. Senator
Tierney of Broadwater county has intro
duced the new bill, the effect of which
will be practically the same as a law Ii
%censing gambling, as it will permit of an
arrangement whereby the gamblers can
be fined stipulated sums at stated inter-
walls. The bill, in detail, is as follows:
Section /. Every person who deals,
plays, carries on, opens or causes to be
opened, or who conducts or causes to
be conducted, either as owner or en-
ploye, whether for hire or not, any
game of faro, monte, roulette, %lansquen-
tet, roug ct noir, tan, ~fantan, stud horse
poker, draw poker, craps, seven and a
half, tWenty-one or any banking or per-
centage game or any game of chance
played with cards, dice, or any device
whatever for money, checks, credits, or
any representative of value or for any
property or thing whatever, is punishable
by a fine of not less than fifty dollars nor
more than five hundred dollars or by i'm
~prlsonment in the county Jail for a period
of not to exceed six months, and for the
costs of the prosecution, and every person
convicted of a violation of this section
must be imprisoned until such fine and
costs are paid, such imprisonment not to
exceed six months in the county Jail, and
every person who plays or bets at or
against any Of such prohibited game or
games is guilty of a misdemeanor.
Section 2. Every person who knowing
ly permits any of the games mentioned
in the preceding section to be played,
conducted or dealt in any house, room,
tent, or apartment owned or rented by
such person, in whole or in part, is pun
ishable by a fine Of not less than fifty dol
lars nor more than five hundred dollars,
and such person shall be imprisoned until
such fine and costs of the prosecution are
paid.
Section 3. Every person who, by the
game of three card monte, so-called
or any other game, device, slight-of-hand
pretensiOns to fortune telling, trick or
ether means whatever, by use of cards of
other instruments or implements, or
while betting on sides or hands of any
such game. or play, fraudulently obtains
from another person money or property
of n description, shall be deemed guilty
of larceny, and must be punished as in
case of larceny of property Of like value.
Section 4. Every person duly
ed as a witness for the prosecution or any
proceedings had under the provisions of
this act, who neglects or refuses to at
tend as required, is guilty of a misde-
meanOr
Section 5. Any person, otherwise COM
petent as a witness is not disqualified
from testifying as such concerning the
offense of gaming, on the ground that
such testimony may crlminate himself,
but no prosecution may afterwards be
had against him for any offense to which
he testifies.
Section 6. Every county attorney. sher-
if, constable or police officer must in
form against and make complaint and
diligently prosecute persons whom they
may be informed concerning or whom
they have reasonable cause to believe Of
tenders against the provisions of this act,
and each and every such officer refusing
or neglecting so to do, is guilty of a mis-
demeanor, and such violation, refusal or
neglect to make complaint against and
diligently prosecute persons whom they
have reasonable cause to believe to be
offenders against the provisions of this
act. shall be deemed sufficient cause for
remova from office, and it is hereby made
the duty of the county commissioners of
each county, upon receiving verified no.
tice in writing from person, supported by
other creditable verified evidence in writ
ing that any officer mentioned in this Sec
ton has violated the provisions of this
section to cause proceedings to be COM
menced against such officer to Dust him
from office.
Section T.. Every sheriff, constable or
police officer shall have authority upon
receipt of information that any house,
room, tent, or apartment, is being con-
Quoted as a house, room, tent, or apart
ment for any of the games mentioned in
this act, to break open any door or OPEN
ing into any such house, room, tent or
apartment, with or without a warrant of
arrest for the purpose Of arresting such
offenders of this act.
Section 8. All property, devices, cards,
instruments or implements which may be
used for the carrying on or conducting of
any game or games mentioned in this
act, must be taken possession of by any
sheriff. constable, or police officer, when
ever they are found and delivered to a
justice of the peace, and upon proof
before said justice of peace that such
property is a device, instrument or i'm
plement, or implements, used for the pur-
pose of carrying on and conducting any
of the games prohibited by this act. must
said sheriff, constable or police officer de-
of any such device, instrument or imple-
ment or implements, so destroyed shall
have the right of action against the city,
county or state for the value of such
property.
Section 9. Every owner, lessee or
keeper of any house used in whole or in