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

Circuit Court convened here in regular
term Tuesday mor1ning with Judge ,Iohr
w Mason presiding. GRAND jurors wer,
sworn rs ollows:
NJ. G. Jarrett, foreman; James II. Big.
ley, Ill. il. Davis, w. S. Law, Rcisir
Dayisson, F. L. Robinson, l.. J. Ayers, Il
ID. Mccaiithy, Alfred Stout Asbury
Greathouse, Hensdhel Robinson, Jesse T
Wicox, A. d. Fitzhugh, Silas Ash, c. A
Ihmson and Lihu Shsihan.
The usual csarge wins given. except the
pasit pertaining TO slot machines, wGiidl
was no the conclusion tllat they an.
nv.tshput the shadow of u doubt gambling
derives. The FUN tent Judge Nlasun's
ehrge on uhalt question Is ns follows:
Sowing to a misconception of a recent
decision of the Supreme Count of Ap,
peaLs, desire to can your atteraaion. Is
pecially, Ito certain kinds of unlawful
cunning.
sit bias been extensively reported thnt
our Supreme Count has dcoided
there is no hlw in this Sts,.e
prohibiting the use of what are com,
monty called slot machines, as gam.
bling device. The Court Hecided nothing
of THAT kind. The decision referred to
was made in the case of Morley V. God
frey and Atkinson vs., Morley, decided
at the November term, 1908.
The town Of Bramwell in the County
OF Mercer, is a municipal corporation
chalitered by the. Gircuit Court, under
Chapter Al o hthe code. Godfrey i, the
mayer o dl.he town. The town Council
passed an ordinance, yhidh nmong other
things, pr'ohih7bed certnin Kinds of gam.
ing, and rnmei s,ct mllohincs as amcne
tie eaaaes prohibla1i. Morley was a
hotel keeper in Brmwel and lad in his
futel a SHOT n;ucitne ut which rhe public
were permitted to p!ay. He was arrest.
ed for violation of slid ordinance upon a
wurgslrt issced by the mayor charging
him with keeping and exhibiting u stot
macline. Atkinson mas also ARRESTED
charged with playing nn a s'5t machine
They were ltalSen before eIhe mayer. and
required do enter into recognizances IL
appear before the mayor on future
day to answer the said charges. The
eases were taken 10 the Supreme Court
,rpoa petitions of the defendants praying
tlialt writs of prohibition be ISSUED pro
hibfting the mayor from TRYING them fol
the aslegcd offences. Upon the rules il.
sued by the Supreme Court against the
Mayor Ito shcw cause why wIibs of pro
intuition should mot be issued, the Su
preme Court said in
Syllabus 2;-"Unless The charter of a
city. town or village confers upon it au.
tllority 80 TO do, THE counGil thereof has
no right or power 10 pass an ordinance
to Regulate or prohiibit gaming on gaming
devices or prescribe and enforce Pertlltie'
for a violation of saidh oriinnnce." AMI
as the charter of BramweHl conferred NJ
such authority on the council thereof il
followed as a matter. of law that th,
council has mo authority 10 pass the or
dinanee under which the Mayor actet
in issuing the wiauTants, and that hht
Warrants were wathcut authority Of lam
and the ARRESTS Illegal. This is no new
doctrine; orr Supreme Court has said he
fore this. in the cast Of Judy vs.. Liish'
lev. so w. Va. 62s, THAT "the police
powsr Of municipal corporation de
peuis upon the win Of the Legislature
and city, town or viflage can only exer'
else such police power as is family includ
ed IN the grant of powers by it, charter
The sane principle is announced in tn
case of GAS Company ". Parkersburg
80. W. Va, 439.
Y .sNorley and Atkinson were release'
from arrest by the Supreme Court. nc
beoarIse they HAD violated no statute
but because the Mayor was procecdin;
under void ordinance. This ordinanc,
was void not because ct included slc
machines among tlie games prOhibite,
by ii, but because the town council ha'
no authouiity to pass an ordinance pro
hfbtting gaming or ganiug devices o
any kind.
~It win be observed that this decision
refers DO the powers OF city and tow
councils. and the ocial acts OF Mayor
cp,rss1z and the official oryiinances. y