The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-01-12

opinion is expressed as TO the liabilities
of the keepers or exhibitors of slot ma.
ehines, when the prosecutions are had in
court having jurisdiction of the sub
iect, acting under The laws of the State
Whether or not person exhibiting
or using a shot machine may be punished
under the laws of this State prohibiting
gambling depends wholly upon the fact
of whether or not a slot machine is a
gaming device The exhibition or use OF
slot machines is not specifically pro
s3bited by mIme in amy statute. II pro.
hibited at all, 1t is because they come
within tIhe TERMS intent and meaning OF
thc salute as tables of like kird'' with
those specified in the statute If tic nse
of slrt machines, as they are used Il in
fact game, and being game, is OF
such character, us may properly and
legality he said be gJme of like kind
with line prohibited games named, within
the true intent and manning of tlle
statute creating and defining tae vf.
ienee. then, the power and duty Of the
courts TO punish the Keeper ur exlibstor
OF sudh machines, are precisely the same
Is Though the name 'slot machines" was
mG11tIben IN the statute We must, there.
lore lc1sk TO the statute in relation to Of !.
fences OF this character and give to the
statute correct Interpretation.
Chapter l5l Of the Code fully e,ya,ss
and includes all gaming and gaming do.
vices. 20 far a. lIlte legislature deemed
| a. eNpe'lient to 9egisDrte upon the snb.
leJt. Section one OF this ,hnpter p,o.
visies that "A person who shall keen d,
exhibit y gaming table commonly cilled
A. d. G.. or l.. o. table, or faro bank
or ResTo table, or table Jf like kind under,
any denominhsion, mhe.0er the game on
tab.e lie played witt cards. dice or other.
wise, or shall be partner or concerned
IN interest in the keeping or exhibiting
such table or bank, Shall be confined IN
jail mt less than two mon more th,n
Twelve mcnlths, and De fined n5t less than
one hlintlred nor more han one thousand
dollars. Amy such able or faro bank
an1all money staked or exhibited 10 n,
lure persons TO bet ait such table may be
seized by order of court, on under the
warrant of a Justice. etc"
The other sections of this ..hapter
provide penalties for various form, Of
gambling.
There is no diilicuTtyin executing thi,
law and enforcing the penalties az To une
games specified. The trouble il to dc.
termme what games properly come with
in the meaning of tire Stables of like
kind with these amed. The statute
! expressly provides thalt these tables of
like kind" may be Of any denomination.
and that the game on table may De play
! ed with carls, dice on otherwise" That
Is to say, If There be a table u-cd in con.
nedtion with and as part Of The game, ii
Imay be played with cards, dice or other.
Wise, or THE game itself may be plyel
will oluyls, dice or otherwise, and il so
lplayed as 10 make it Of like kind with
the games prohibited it i a violation
of s1ld section. What then is meant by
.ables of like kind as used in this sec
Lfon! Is 1T absolutely necessary t-at
hhsHe shall be a rell table. or are the
games named intended to point ont Ger.
tain forms Of glmIbling and include all
games OF that particular form and char
deter? ! am CLEARLY Of opinion that the
legislature intended TO forbid certain
kinds of gaming, among which are fare
banks and keno tdbes. and all othei
games like them. 1t makes no difference
in my Judgment whether these game.
ARE played with or without tahe-or
4 table o under it; or rather II may b,
affirmed bhat anything On on by melnc
of which sIKh games are played is !
table Within the mcaniirg Of this statute
We must luok to the game itself ani
not the NAME by which it Is called. nol
the Instruments with Winch, nor thin.
IN or on which 1t Is played. 10 determine
iwhether or not the game Is unlawful
We must MT lr-e sight Of the spirit an.
intent of the law. There is an old Latin
maxim which says: 'Qui haerct il
litera baret in cortice." (which somewhat
lfber,ally translated means; "He win