The Butte inter mountain., 1902-01-21
BRIEFS ARE FILED IN rHE NICK
elm -THE-SLOT MACHINE
CASES TODAY.
COURT HEARS THE ARGUMENTS
Contended That the Gambling Law
Passed Last Winter is Am
biguous and Repugnant to
- the Constitution.
Especial to Inter Mountaiu.)

Helena, Jan. 21-A case that is of in
terest to every cigar dealer and saloon
keeper In Montana is being argued in the
supreme court today. The case involves
the constitutionality of the section of the
gambling law prohibiting the use of slot
I: machines for the sale of cigars.
r. G.. b. Nolan and Albert I. Loeb are the
attorneys for the defendant, E. Il. Wood
ssman, q Helena cigar dealer who Is being
backed in the defense Of the test case
before the supreme court by many Of the
cigar dealers of the state
Attorney General Donovan represents
the state.
E. u. Woodman was arrested for
violating the law and was found guilty.
The case was then carried to the su-
preme court upon an agreed statement
Of facts.
Nolan Quotes the Law.
General Nolan in arguing the case be-
fore the court this morning declared that
the law was unconstitutional insomuch
as 1t was class legislation. Section l Of
the gambling act under consideration
makes 1t an offense to deal play, carry
on, open or cause to be opened, or con-
duct or cause to be conducted either as
owner or employe, any game OF monte,
lasquentet, rogue ct nois, dondo, tan,
percentage, stud horse poker, craps,
seven and half, twenty-one, or any
banking or percentage game, or any
game commonly known as a sure thing
game for money
Section 2 of the act makes 1t an Of
fense Ito carry on, open, cause to be
opened, or conduct, or cause to be con-
Quoted any game of faro, roulette, draw
poker, stud horse poker, what Is
commonly called around the table poker,
or solo, or any game of chance played
with cards, dice or any device what
ever, or who runs or conducts any
nickel-in- the-slot machine, or permits
the same to be run or conducted, other
than the games commonly known as
sure thing games for money, checks.
credits, or any representative OF value,
for any property or thing whatever"
ut will not be disputed" said Mr.
Nolan, that 1t is within the exercise
of the police power of the state to pro-
hibit gambling; it will be conceded like
wise that the scale Of punishment is
entirely matter of legislation. The
legislation under consideration has l.
contemplation the suppression of gam
bling.
Can Play Faro.
Under the law under consideration
person can play and deal the games
designated in section 2, while he Is pro-
hibited from, dealing and playing the
games mentioned In section /.
ut would be, presumably, within the
power of the legislature to permit faro
playing and permit fan-tan, and IL this
were done there would De no legitimate
ground for complaint. The purpose of
the bill under consideration is to sup
press both class of games.
Indeed the law Is effective In their
suppression so far as conducting the
games goes, but as to the playing of
them-a person is prohibited from play
ing the games mentioned in section 1,
while no prohibition exists against play
ing the games mentioned in section 2.
"In granting such immunity In one case
In the light Of the prohibition that ex-
lists In the other, constitutional restric-
tions against special legislation are
ignored.
Surely no rational explanation can
be offered why one person should play
faro with impunity, while another is re-
stricted from playing all games men
toned in section l.
"This distinction we insist is discrim-
with Constitutional provisions prohibit
ing special legislation.
Slot Machine Argument.
Assuming, however that the consti-
tutional objection urged is not well TAX
en-, we insist that under well-settled
rules Of statutory construction the use
of the nickel-in-the- slot machines for the
distribution of merchandise, or cigars,
Is not prohibited by the law under con.
sideraton.
"If 1t We're the intention of the leg
islature to suppress nickel-in- the slot
machines, used for selling goods, gen.
enerally in use at the time of the enact
ment of this law, 1t would be the simplest
matter, by apt language, to carry out
this purpose, and instead of having the
language now confronting us, the leg
islature would provide that these ma
chimes should not be used for money,
checks, credits, goods, wares or mer-
chandise.
ut is likewise we'll to bear in mind that
at the time Of the passage of this law
nickel n-the-slot machines were in use
that were generally used for money, and,
undoubtedly, 1t was upon such machines
that the law placed the ban OF prohibi-
tion."