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

anu ciiehthcteI " Nnese games, the keep
er or exhibitor will win oftener than n.
player. THIS understand 10 be. ri,
distinctive character OF these four g,mes
and THAT all other games possessing thi.
distinctive feature are games al liz.
kind with them, within the sneapiae q
this statute. This is the construction
which has asways been given to I'M,
section by, the Courts of Virginia ant
West Virginia. This law has been. n
force fcr MANY years in both states. We
find it in the Code of 1919, Chapter l47
Sedaicn IL and Is, except that keuo
tables were added by our Code of 1868
The first construction that we find Of
this section made by an appellate court
is WyaItt's case, 0 Ran. sos. In that
case the general court, IN a very elabo
rate and able opinion, delivered BY Judge
Daniels, held that:
''Ihe distinctive featur in the char.
adter of the games called A. B. c. and E.
o., and Faro bank is that the chances
of the game are unequal, all other things
being equal, and those unequal chances
are in favor of the exhibitor of the
games or tobles. If other games re
semble those standard games in that dis
tindtive featme they come within the
terms of the 18th section of the gaming
act, being gaming tables of the same on
like kind and are fiable TO the penalties
denounced against those standard games.
whatever may be the denominat on OF
Those other games, and whether playeri
with cauds, dice or in any other manner.p
SWyatt WIS indicted for keeping an,
exhibiting a gaming table called 'fhap
hazrd," alias ''blind hazard" alias
"smickup," alias Sweat" The game
was played with cards; tho deck being
cut into parcels and the parcels pace /
on a table with the faces of tie cards
DOWN; the betting done on the denomina.
ton of the bottom card of the parcel
selected by the player. Tie game was
50 played THAI The dealer had unequal.
chances for winning, and this game ~,
played, with cards alone. was held to be
4 game Of like kind with faro bank.
within the meaning of the statute, foa.
the plain reason that 4ae distinctive
features of the games were ahke-botl
We're games of unequal chances and tfe
unequal chances in favor of the kee?er
Of the gIme. This case was dceided in
1928, and has been followed by ali the
Courts of Virginia and West Virginia
50 far us ! am aware. refer 10 lIEir.
case, Il, Grat. CAS-, and NuclSoll's case. 32s
Grat. Ss4.
"In IIuff's case IA Graf. G4S) Il lie c,.n-
test was over dhe snffiniercy of The III.
CictmeUt- whether the allegations Of the
Indictment We're Sufficient to bring The
ease within Section |, Chapter lc5. tirnw
Chapter l5l) ). and the court held taat
the Indictment "must show by over
me1its that the gaming charged j. of the
hike kind as those specified that is, thai
the dhances Of the game are unequal. III
either things being equal" This Gaze
was decided in 1858.
I'm Nuekoll's case (32 .Gn.. ss4, :he
court says: In regard TO what is .
tabe Of like kind with those specified
in the Statute, according to its true in.
tent and meaning, there are :wo daeeis.
ions nf this court. which seem to settle
'rhe matter beyond all contnversy." TIE
rases referred TO are the Wyatt and the
Hutf cases. The NwckoA's case was ae
cided in 1879. about 81 years after the
Wyatt case was decided. and 50 after
haf century had passed, during which
time it had been the amquestioned law
Of the State it was again approved by
the Supreme Court 1t has been The
recognized law of this state for three
quarters of century and does seem 10
me THAT it sho1rd be considered as set.
| tled.
u may NOW venture to ad3 few
words TO these decisions.
"TIhe word like is not precise
term We often say that 4 certain thing
IS like certain either thing, and use
the term correctly, when ~ fac; lie two
things are quite unlike in many particu
lars. In such cases we have reference
to some peculiar feature o1 distinctive
character in which they arc allk, amI III
this sense they may properly be- said y
be alike, mo matter how widely they may
hffer in nnn-essentiais. Many il'istra
tions will occur to You
"The distinctive feature OF certain
liquors Is that they are intoxicating
An liquors containing sufficient alchohcl
lre intoxicating. and are therefore in
this particular the same. or of like k:ad.
whether they are called whiskey, brlniy.
GIN, rum, or any other name. and not
w'ithstanding these liquors my diTfrr
widely in taste and in other respects
still they are drinks of like rat;r. And
| conclude that one game 10 be ige nm
other need mot he played with the same