Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1903-08-14
sG'ashin9tun STANDARD
OLYMPIA, WASH.
FRIDAY MORNING, AUGUST II, 1908.
Cui Bono?

nationality OF the act OF the Legisla-
ture making gambling a felony, up
holding the law in every particular.
The history Of the case on which it
is based is briefly as follows: June
18th, Fritz Dietrich conducted a game
OF " stud poker" insSpokane; he was
arrested on information, tried, pleaded
guilty and was sentenced to a year in
the State penitentiary by the Spokane
court. In accordance with plans to
test the vitality Of the law, his col
leagues who promised to see him
through" made application for writ
OF habeds corpus, and when proceed
ings on the application were had, his
lawyer, Senator Graves, asked that
bail be allowed pending consideration,
but the motion was never ruled on by
the court, and Fritz has been ever
since chewing the cud of disappoint.
ment in lonely cell of the county
bastile. True it may be that his salary
for martyrdom goes right on, as agreed
by the Knights oil the Green Cloth,
but then it would have done the same
had the victim been allowed to bask
in the merry sunshine the past two
months.
The claim of unconstitutionality of
the law was based upon the assump.
ton that it was merely amendatory of
former act, dealing with the same
subject, and that as such, it did not
comply with q provision of the State
Constitution requiring that no act
shall ever be revised or amended by
mere reference to its title, but that
the act revised, or the section amend
ed, should be set forth in full. The
former act referred to was enacted by
the Territorial Legislature OF 1879,
and is entitled IAN act to prevent
gambling" 1t makes gambling a
misdemeanor, punishable by fine of
not more than $500 and imprisonment
in the county Jail until such fine and
costs are paid. This seems to have
been the penalty for carrying on such
honest" games as faro, monte and
poker. A much larger penalty was
provided for swindling games, like
chuck.a-luck, bunko, strap panel
house, and the like. which were made
felonies, punishable by five years in
the penitentiary.
The courts held that. d" while the new
gambling law does in effect deal with
the same subject as the former. yet it
is complete and independent in itself.
1t in no way refers to any former law
and such reference is unnecessary in
order to understand its full meaning.
1t clearly designates certain acts as
ielohiss and provides for their punish
ment. No further search is required
10 find the law on the particular sub.
ject of which the act treats. Being
complete 10 itself and in no was de.
pendent upon any other statute to
give it meaning or force, it stands
alone as the law upon the particular
subject OF which it treats. Az such,
being the latest law upon the subject,
it repeafS BY Implication all former
statutory provisions in conflict with
it. That statute may in its effect
modify or be in conflict with former
one because it deals with the same
subject matter does not necessarily
make it an amending statute within
the meaning Of the constitutional pro-
vision invoked here"
This is the precise language used by
the higher court in passing upon the
question. It is q unanimous finding
OF the court and settles the matter 80
far Is legal means may be invoked for
the freedom Of the convicted violator
of State law. It seems rather hard
that the gentlemen with the leu.
tonic name will have to pass within
the keeping OF still stronger walls for
the full term Of his sentence, while he
has been a voluntary sacrifice offered
up on the altar of what he thought
must be right, because he wished it to
be SO; but then he is sure of his keep.
ing and his "ante" is up for long
game in which he will be perpetual
winner. He will furnish the blood of
the victim, too, for there will probably
be no more so foolish as to plead
guilty, and it is difficult to con.
vict when radical reformatory meas.
ure has to run the gauntlet of Judge
and jury, with unwilling witnesses to
testify under law which, to say the
least, has been considered of doubtful
utility by its friends.
Maine and Kansas have tried so.
called Prohibitory" laws without
effect, and our own State laws have
been openly and persistently violated
without restraint of those specially
charged by law to see that they are
enforced, and who take an oath to dis
charge that duty. 1t was claimed
months before the last State election
that the Ankeny push had made a
treaty with the saloon and gambling
element for Inauguration of = COM
munity of interest in political affairs,
and the insincerity of the average
office-hunter is shown by the sequence,
the sudden lack of effort for the vel.
fare of those who had so much at
stake, soon as the Senatorial battle was
won.