The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
SIot Machines Lega!
lcoptinued tom Fac u

I NHNAA9SS u eAAtSS PAUiRS BSAASy A4S ~
ton read, in part, as follows:
"a person who shall keep or exhibit
gaming table, commonly called A. B. G.
and E. o. table or faro bank, or keno
table, or table of like kind, under any
denomination, whether the game or table
be played with cards, dice or otherwise,
OF shall be a partner, or concerned in in
terest, in the keeping or exhibiting such
table or bank, shall be confined in jail
not less than two nor more than u
months, and be fined not less than 500
nor more than $1,000"
This statute was enacted more than
IS years ago by the legislature Of Vir-
gtnia and has since been the law Of that
state and of West Virginia.
AT common law, gambling with cards
dice and dominoes and otherwise, as a
means of recreation Cunless with false
cards, dice, etc. was not unlawful and
the winner of a stake could even main.
tain an action in the courts to recover
the money won. In passing upon,the de,
murer the court necessarily regards the
meaning of the statute under which the
indictment is drawn:
"a person who shall keep or exhibit
gaming table, common called A. B. 9.
table or Z. o. table or faro bank or keno
table or table be played with cards, dice
or otherwise"
sFaro," according to the Century Die
tionary and Cyclopedia, is defned-"a
game played by betting on The order IN
which certain playing cards with ref
erence simply to face yaIue) will appear
when taken singly from the top Of a
pack. The players sit ait one side Of a
table and the dealer at the other"
And fsfaro bank" is defned-"An es-
tabHshment where faro is played"
'Keno" is defined as "a game Of chance
depending on the drawing Of numbers
Each player selects card OF cards bear.
ing series of numbers, in lines of five
each, paying set price for each card.
Each player puts bottom on any num-
Der of his card which is announced as
drawn from a wheel; a1uI he who first
has five buttons in a row, wins all the
money taken for that round, minus the
banks discount"
And gaming table" is defned-"A
table used or especially adapted for use
in gaming or gambling"
So the statute prohibits those games
which men play with cards, dice or other
means, at tables, for money.
What kind of tables are meant by the
statute2 Undoubtedly that article Of
furniture found in every dwelling house
and having flat top or plane surface
at or around which men sit TO eat, drink,
read-and play cards, dice and dominoes
Blackstone says in his Commentaries
Words are generally ito be understood
in their usual and most lnow1t signif,
cation; not so much regarding the pro.
priety of grammar, as their general mad
popular use" OF course there are still
other ta'bles-as the multiplication ia.
bic, the table of weights OF measures, the
tables of The Ten Commandments. Oh.
viously the legislature when enacting
said section, had no other table in mind
than the old.fashioned table, around
which we may eat, drink and be merry
The indictment alleges that certain
table, commonly called slot machine.
=, : being then and there played
otherwise than with cards or disc, to.
wit: by means Of mechanical device OF
said slot machine set IN motion by the
dropping of nickel and silver coins in THE
slot machine, and the manipulation
thereupon OF the lever wheel of said ma.
chine.
The prosecuting attorney has skillfully
drawn the Indictment, attempting tc
make this old remedy apply ITO ibis new
gambling device; but it is misft. 1t is
u misnomer to call a slot machine TIA,
bic. Had the Indictment in legal phrase.
ology charged Joe Thompson did steal
take and carry away a certain horse
commonly called mule, the inconsist
allegation world have been NO more ap
parent than in the Indictment returned
against him. The demurrer, therefore
should have been sustained.
Looking to the agreed statement o
facts, we find first full description o
the slot machine and the way it is ma
nipulated.
Second, The game of keno is describ
ed as game played by what is callet
paddles, being pieces of cardboard upol
which are printed both horizonticaHy an,
perpendieulorly rows of numbers, whiG
said paddles are sold to the player Of tn
game at a given price, etc.
Third, The game of faro is describe,
as played with cards, the ordinary decl
OF 50 cards.
And finally it is agreed that no fact.
are known respecting an a. b. G. tabl,
ore. Q. table, what they are nike, or how