The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-12
SLOT MACHINES.
They Are Running In Violation
of Cubbis0n Law.
Attorney General Lays Down
Law ON the Subject.
OFFENSE is A FELONY.
Those With Blanks May Send
Owners to Penitentiary.
Duty of Judges and Justices to
Issue Warrants.
OFFENSE is A FELONY.

An opinion has just been rendered by
the attorney generals department.
which will probably cause a shaking up
among the slot machines which are in
operation in Kansas, especially those
which have blanks in their operation.
The opinion is given in response to
two inquiries which came to Attorney
General GODDARD from the western part
of the state regarding the scope of the
anti-gambling law and the duties of jul
dicial officers under it, 1t is held that
all slot machines which have blanks are
in violation of the anti-gambllng law
and that merchants who allow them IN
their places of business are liable to the
penalty of the CubbisOn law. The Of
fense is a felony and is punishable by
Imprisonment for not less than one year
nor more than five.
1t is also held that it is the positive
duty of every judge or justice of the
peace who has knowledge of the exist
ence of such slot machines to issue war
rants for their seizure and destruction,
and the judge or justice may also issue
a bench warrant for the arrest of the
person allowing the machine to be oper-
ated. This is the first time the attorney
generals department has ever rendered
opinions on this subject
The opinions are given in two letters,
the first of which is to a man who asks
whether such slot machine is a gamb-
ling device as contemplated by the anti
gambling law. The opinions are written
by Assistant Attorney General West,
and the first one is follows:
Il have yours of November 10. in
which you state that there is a person
there who keeps and runs slot ma
chine into which his customers drop
nickel and draw for cigars. sometimes
getting from one to ten cigars at one
/ draw and sometimes nothing, and some
times persons have been known to lose
for five consecutive times, and asking if
this is a gambling device. l unhesitat-
ingly say that it is
I'm State VS.. Williamson. IS Kas.
| 699, a conviction was upheld where the
offense consisted of keeping a house
where persons were permitted to resort
for the purpose of gambling by means of
the game called 'stud-horse poker,
played with common playing cards, and
the game called craps played with
dice, and the ordinary game of dice
/ sha king.
/ "A conviction FOR ruaning a crap game
was also upheld in So Kas. sos. State VS.
Oswald and Keeping.
i Section 222S, General Statutes of 1901,
makes the setting up or keeping of any
kind of gambling device a felony. Sec
tiOn 224S requires any Judge or justice
of the peace who shall have knowledge
or shall receive satisfactory information
1 that there is any prohibited gaming
table gambling device kept or used
within his county to forthwith issue his
warrant. directed to the sheriff or any
cOnSta BILE, to seize and bring before him
=
other sections of the statute have very
stringent provisions, easy to follow"
The other opinion was given in reply
to inquiry from a justice of the peace
regarding his powers in respect to the
same slot machine. This opinion is as
follows:
Il have yours of November TO- il
which you say that the citizens want &
slot machine suppressed which is used
for the sale of cigars. but which has
blanks so that sometimes the customer
will lose o5 or so cents before ma king
successful draw. You ask whether thi:
is a gambling device. and whether it i:
your duty to have the owner arrested
and the machine destroyed
I'm reply 1 will say that under Sectior
1928, General Statutes of 1898. and the
decisions of our supreme court in s.
Kan. 500 and SO Kan. sos, 1 have nc
doubt whatever that this is a gambling
device Under Section 224S it seems tt
be your duty, if you have knowledge OF
receive satisfactory Information thai
such a thing is used in your county, t.
issue your warrant to seize and bring
the thing before you and proceed as
hereinafter prescribed. You will notice
that this provision is modified somewhat
by Section 2234, act of 1895. The fol
lowing section, Z249, also requires you tt
issue your warrant for the keeper bu
by reason of our constitution / woulC
suggest that before doing this you have
some one file a complaint verified by
positive affidavit so that the contention
cannot be maintained that a warran
) has issued without being based on tn,
, oath of some one. "
The slot machines which are in genera
, use in Topeka come within the prohibi
; ton Nearly all of them contain fiv
blanks to one winning number. Th
person who plays nickel stands on
chance in five to win 25 cents worth 0
merchandise