The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-26
THE SLOT MACHINE A LOTTERY.
lContrtbntel.l

SVISluGIthDlc llubeleSG HIS Dteu dIOustN
in this state during the past few months
concerning the so-ealled slot machines
As to whether or not slot machine is
a gambling device within the meaning
of our state Code Chap. ISL, Sec. ~
which makes it unlawful for any per.
son to keep Of exhibit a gaming table
commonly called A. B. G. or L. o. table
or faro bank, or keno table, or table Of
like kind, under my denomination.
whether the game or table be played
with cards, dice or otherwise" is per.
haps still an open question. The matter
has never been squarely before the sll.
preme court of appeals, and the judges
Of our circuit courts have construed this
statute differently as to its relation to
slot machines. But with This phase Of
the slot machine question it is not the
purpose of this article to deal.
Does the exhibiting Of slot machine
come within the meaning Of our stat
ute prohibiting lotteries?
Code of West Virginia, Chap Isl, See
IL, provides, "1f any person shall set
up or promote or be concerned in man,
aging or drawing a lottery or rattle, fol
money or other thing of value or know.
ingly permit such lottery in any house
under his control, or knowingly permit
money or other property to be ratified
for in such house, or to be won therein
by throwing or using dice, or by any 9th.
er game of chance, or knowingly permit
the sale in such house of any chance, or
ticket in, or share Of ticket in lot.
terry or any writing, certificate, bill, toli-
en- or other device purporting or intend.
ing to guarantee or assure to any person,
or entitle him Ito prize, or share Of
or interest in, prize to be drawn in a
lottery, or shall for himself or another
person, buy, sell, transfer or have in his
possession for the purpose of sale, or with
intent to exchange, negotiate or transfer,
or shall aidw in selling, exchanging, ne
gotiating or transferring chance or
ticket in, or n share of Il ticket in n
lottery, or any such writing certificate,
Dill, token or devise, he shall be con.
fined in jail not more than one year
and fined not exceeding five hundred dol.
lars"
A lottery is defined as "a scheme by
which result is reached by some nc.
ton or means taken, in which result
mans choice or will has no part, which
human reason, foresight, sagacity or de.
sign cannot enable him to know or dc.
termine, until the same has been accom-.
plished." ",phe word lottery embraces the
clements Of procuring, through lot or
chance, by the investment OF a sum of
money or something of value, some great,
cF amount Of money or tlring OF greater
value Bouvier's Law Die.
''Io fail within the lotteries prohibited
by law valuable consideration must be
paid for the chance of drawing the prize.
1t is stated that the word has no special
legal significance, hut IL is to be under.
tood in its popular meaning, and that ii
embraces all schemes for The distribution
Of prizes by chance, sach as policy play.
ng, gift exhibitions prize concerts, raf-
Hes at fairs, etc, and includes various
forms Of gambling" "The name by which
particular scheme is called cannot be
allowed TO effect an evasion OF the law,
and the courts will, no matter how it is
named, look in every case at The sub.
stance Of transaction to determine its
character rs a lottery,"-A. and L, Ency.
LAW. Vol. 10, pp 5SS, $50
Slot machines, fcourse. differ in kind
and mechanism, and in the plans upon
which they are operated, but, If the writ.
er is correctly informed, the two funda
mental characteristics OF lottery exist
in The operation of most, if not all, slot
machines; first, the investment of GER
tain sum of money in the machine for the
chance of obtaining larger sum of
money or a prize Of more value than the
sum invested; second, in the result reach,
Cd the players or investors will, choice,
reason foresight, sagacity or design avail
him naught; the outcome of his invest.
ment is wholly beyond mis- control, it is
determined by lot or chance.
II these characteristics are present in
the workings OF the slot machine, what
ether requirements could he made to
bring the scheme within the definition
of a lottery? None.
Our statute, as quoted above, makes
it unlawful for any person to set up or
promote or be concerned in managing
or drawing lottery. The word Got
terry" as used therein is used in lis broad
sense. 1t is meant to cover all schemes
that come within the meaning of the
term lottery. Construe the statute rs
strictly as may be and no other mean