The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-01-14
oLAREsBURG, W. VA, JAN. IA, 1901
SLOT MACHINE SITUATION.

There may be and There may not be
a law on the subject of slot machines
in this state. As formerly stated by the
Telegram the state supreme court has
decided tlhat where a city charter does
not provide for the punishment of opera
tors Of these machines, or in other words,
where the charter has no state authority
I'm the subject, the city officers tan not
interfere with the npemtions Of the ma.
chimes, but, as has been staited by this
paper, the highest court OF the state and
1.-The one that is final has not passed on
the question from the stand point Of the
sSSrte aaw. There is where some have
erred, believing that the recent decision
had state bearing.
As the matter stands in this judicial
circuit, it is against the state law. but
not against the city law, 10 operate SLOT
machines. The judge Of the distrlyt has
taken THAT position, and NO che win dis
ptLte THAT he is conscientious in it.
though some may believe tllnit he i pre-.
JUDGED on this particular subject. But
whether prejudiced or not, he has out
lined what the llw is according TO his
understanding of it and declares that it
must be enforced from The position taken
by him on the question. He assumes
nothing in dping this, but merely does
his duty us he understands it. All the
courts should do the same and that has
generally been the practice, not only in
criminal matters but in civil actions as
we'll. They continue TO oonstruc laws
according to their own comprehensions
Of them, until the higher court slys they
are wrong. Then it Is they are reversed
and must change their construction so as
TO conform with what the supreme court
says is law, or rather THE right construc.
tion Of law.
On the SLOT machine question there are
various opinions among uhe Judges Of
the state. Some say there is no law on
the subject, while others MS earnestly
insist that they nre gaming devices un.
der the puryiehy Of the luws of West yir-
ginia on gambling. The opinion OF one
circr:t Judge is TO be taken no more than
iaaE Of another, when it comes to ruling
ON the question. Every one oil them Is
privileged TO have his own opinion on the
question is reference thereto. Because
Judge Mason says they are gaming de.
vices is no reason that Judge Holt should
agree with him, nor ia it a reason that
he should disagree with him. Because
Judge Dooiittle says they are not gam
ing devices under the laws of the state
Is no reason why Judge Mason should
not say otherwise. And 20 ii is with all
ale judges OF the circuit and other lower
courts.
But there j. a court that can settle
the question and an under courts will
have to abide by that decision. If the
supreme court says they are not gaming
devices under the laws Of this state,
then Judge Mason, or any OTHER judge
who holds as he does, must submit. In
ptlier words there win be no more in
dictments along this lime On the other
hand, If the supreme eoura says they
aregaming devices, according 10 the laws
Of this state, then al judges win be CON-
peeled in the proper discharge of their
official duties to see THAT THE operators
of machines nre rgirtished
In consideration of an The circum-
stances and the unsettled situation. to
be on the safe side operators OF these
machines would do we'll To refrain until
the supreme court passes on the subject,
and in tfss particular district, consider
ing the discrimination on the part Of the
judge 10 punish chose who operate them,
It would be wise 10 dispense with them.