The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21

conduct and prescribing a penalty for yio-
lations.
The laws Of Virginia and West yir.
ginia, however, have never undertaken to
prohibit all kinds of gambling and chance
games.
Under the laws of this state great
deal OF gambling for money can De done
with IMMUNITY.
Blackstone, in discussing the evils Of
gambling, said: Particular descriptions
wall ever be lame and deficient, unless
all games OF mere chance are at once
prohibited; the inventions of sharpers be-
ing swifter than the punishment of the
law which only hunts them from one de-
vice to another"
] am informed that a special act has
recently been passed by the Virginia leg
islature making it misdemeanor to keep
and operate slot machine. This would
seem TO recognize that the law 1.-THE
same in both statel is not remedy to
suppress this kind of gambling in vir-
ginia.
The constitution of West Virginia does
not permit the state to appeal from the
decision of circuit court reversing the
judgment of criminal court; and, there
fore, the only way to get this case be-
fore the supreme court would be by do.
ing what feel to be wrong, and that is
to affirm the Judgment of Joe Thomp-
son. Having regard to law and proceed
re, the decision of this case, as pre-.
sented by the record, is simply ques-
tion of doing right or wrong. Were |
to affirm the Judgment it would make
the circuit court a subject Of just cen.
sure by The higher court; 1t would make
the circuit court subject Of just cen.
sure by the higher court; it would be
violation of my judicial oath-%Hliat /
will support the constitution of the state
Of West Virginia, and that / will faith
fully discharge the duties of this Office
to the best of my skill and Judgment, 50
help me Cod"
The constitution does not require cir.
cunt judges to publish to publish their
opinions or reasons in deciding cases /;
but decent respect to public sentiment,
nevertheless, often demands that they
make known the reasons the reasons
for their decisions.
1t may be remarked that public senti-
ment among people of transporting pro-
clivities appears to be against the oper.
ating of slot machines.
1t was lately my pleasure to hear this
sentiment eloquently and forcibly ex'
pressed by the pastor of the Southern
Presbyterian church of this city, while
discussing this subject, and to hear him
conclude his sermon in this respect by
saying: God grant that these gambling
levices may be speedily cleaned OUT
In lawful manner, he meant, of course
Public sentiment should be strong enough
to compel the state legislature by one
enactment to prohibit all kinds OF gam.
bling and chance games, whether played
in public or private place, in a saloor
or in a drawing room, or otherwise, fol
money or other things Of value. But
Judges of court are bound by their oGths
and acting upon their honor, to decide
causes between man and man according
to the supreme law of the land, and
without being controlled by public sen
timent.
TO those good people who may be dis.
posed to criticise this decision, I would
reply in the language of Justice Sam.
uel Miller, of the United States supreme
court, who once received letter from On
Iowa clergyman, severely critieisng him
for joining in the original package de.
eision which permitted the importation
and sale of spirituous liquors in that
state contrary to her prohibition laws:
q regret to learn that you are in trou.
bic about my concurrence in the recent
decision of the supreme court in regard
to the sale Of goods imported from
abroad or from another state in the orig.
inal packages.
81 venture to hope that shall moi
wholly forfeit your esteem, because il
obedience to sense of conscientious
duty, l have felt bound to join in this
decision. Many people, Like
you, I think, have the idea that judges
of courts are only bound in their de
cisions by the views which they may
have of abstract moral right. But w
are as much sworn to decide according
to the constitution as you are bound BY
your conscience to faith in the Bibl'
which you profess to follow"
An order will be entered reversing tn
Judgment of the criminal court in thi
case and rendering judgment for the de
PENDANT,