The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-27
THEY ARE BANKING GAMES
SAYS COUNSEL DEvINE OF THE
BLOT MACHINES.
Hds Opinion Submitted to the
City Trustees at Last Nights
Session.

AT the session of the City Trustees a
week ago petition numerously signed
ny saioonkeepers was presented re-
questing the Board to license nickel-int-
5lne-slot machines. AS a doubt existed
as to whether or not the Board could,
uiioer existing laws, cause such license
20 issue, the matter was referred to
corporation Counsel Devine for an
opinion
That opinion was received at last
nlgnts meeting, read, and placed on
hae, and in the face Of it the Board
cannot afford to grant the petition. The
opinion is as follows:
SACRAMENTO, June 26. 1S99-To
the Honorable Board Of. Trustees, City
OF Sacramento. Gentlemen: In refer
ence to you inquiry as to your right
under the law to license by ordinance
what are commonly known as Nickel
in-the-slot- paying machines"
beg to say that section $50 of the Penal
Code of this State reads as follows:
Every person who deals, plays or
carries on opens or causes to be opened,
or who conducts either as owner or en-
ploye, whether for hire or not, any
game of faro, monte, roulette, lans-
quenet. rouge ct noire, rondo, tan, fan
tan, stud horse poker, seven and half,
twenty-one or any banking or percent
age game played with cards, dice or any
device, for money, checks, credit or any
other representative of value, is punish
able by fine of not less than $500 or
more than $1,000 and shall be impris-
in, Toi1 fra
and costs of prosecution are paid, such
imprisonment not to exceed one year;
and every person who plays or bets at
OF against any of said prohibited game
or games, is guilty of a misdemeanor. 2"
And section 337 of the same code is to
the effect that:
Every State, county, city, city and
county, town, or township officer, OF
other person who shall ask for, receive,
or collect any money, or other valuable
consideration, either of his own or the
public use. for and with the under
standing that he will aid, exempt, or
otherwise assist any person from ar
rest or conviction for a violation Of sec
ton $50 of the Penal Code; or who shall
issue, deliver OR cause to be given or
delivered to any person or persons any
license, permit, or other privilege, CIV
ing or pretending to give any authority
or right to any person or persons TO
carry on. conduct, open, or cause to be
opened, any game or games which are
forbidden or prohibited by section 80
of said Code; and any of such officer or
officers who shall vote for the passage
of any ordinance or bylaw. giving per-
sons any authority or privilege to open.
carry on or conduct, any game Or
games prohibited by said section $50 of
the Penal Code, is guilty of felony"
Under the foregoing sections of the
Penal Code. if the slot machines re-
ferred to by you, constitute banking
game your honorable Board, can not
license the same without subjecting
yourselves to the penalty attached to
the commission of felony.
The Supreme Court of this State in
the case of People VS.. Carroll reported
in Vol. so of California Reports, page
1913. defined a banking game as fol-
lows:
game conducted by one or more per-
sons where there is a fund against
which everybody has right to bet.
ment of all the funds, taking all that
is won, and paying out all that is lost.
The fund which is provided for the pur-
pose is generally called the bank and
the person who conducts it the banker"
1t is a matter almost of common
knowledge that these slot money pay
ing machines are mechanical devices
containing a number of slots, each de-
signated by a different color and each
indicating the different amounts of
money the successful player Will re-
ceive. should fortune smile upon him,
and the cog of the wheel, which forms
part of the device, stop at the particular
slot in which he has deposited his coin.
If the player wins, the machine by some
automatic mechanical arrangement
paws the player the amount indicated
upon the dial and if he loses the ma
chine retains the money of the player.
All winnings are paid by the machine
from a common fund deposited therein
by the owner or conductor, or if per-
chance the machine does not pay when
it should, the bet is Gaid by the pro-
prietor or other person in charge there
Of
In view of the decisions of the Su-
preme Court quoted, there can be no
doubt but that the machines spoken OF
are purely and simply banking games
inhibited by section $50 of the Penal
Code above referred to and which your
honorable Board is prohibited from
licensing by ordinance or otherwise, un-
der the provisions of section 33l of the
same code.
/ therefore advise that under the law
your honorable body is precauded from
licensing these slot machines, and tha'
a violation of the provisions OF section
::s37 of the Penal Code may subject you
to a prosecution for felony. Respect
fully,
JAMES B. DEVINE,
Corporation Counsel.
TO IMPROVE NAVIGATION.