The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-01-12
SLOT MACHINES ARE
GAMBLING DEVICES

considers a-erly the letter of an instru,
ment goe brt skin deep into its mean.
ing". Tie hlw respects tine effect and
substance cf the matter and not amy
nicety of icrm. When the intention i
clear, too Etaute stress should not be
laid on the sli.ct and precise Specification
OF words. lie meaning OF particular
words IN stasutes is To be formed, not so
much IN a s. ict chronological propriety.
nor even in pc2uhr use, as in the subject
or occasion IN which they are used, and
the object that = INTENDED TO be attain.
ed. Browns Leg u Maxims, side pages,
435, 436 and 43T.
Marrow ami tesa,nica1 reasoning
should never be tcscaltrd to by Courts
to prevent a st4,ute having tine force
and effect plainly iritended by the Legis.
lNtuie, butt on the contrary when courts
know the reason which alone determine
the will OF tine law makers, they ought
TO interpret and apply the words used,
IN manner suitaJ!e and consonant to
THAT reason, and as wgl be best calculat.
ed ITO aflictrnlte the intent" OF course
great caution should ie exercised by the
Courts in applying this rule TO be ceaitaiu
that they know and have aseertained The
true reason, which induced the aw.
making power TO make the law. (See
Cooley on Gonstitut nal Limitations.
Chapter Az
STATUTES providing for the punish
ment of offences shou.d be construed
strictly, but they shou.4 be so construed
as TO give force and eject to the clear
intent Of the act, Courts should NIT so
conlstpue amy sltaltute as to furnish holes
Through which Hlie guilty may escape,
unless unavoidable.
"om Legislature has not deemed il
recessary to pnohibit all forms OF gam
ing Nanny games may be played in
private pllees provided tie betting does
mott exceed $50, AMI other gtmes out of
regard for the sentiments of some peo-
pie, to whom such games ore offensive,
may not he phryed in public places. BuS
no glme OF unequal chances Gun be play.
ed any where lawfully. The Legislature
lras, IN effect, synid THAT penple may in
dnlge IN certain games for amusement
or even bet ON them Ito im.. ed extent,
but THAT mo person shall ebert his com
panion in tine game, by insisting on pay
ing game wherein the chances for winn-
ing are all on his side. History, and
tradition inform US That our Virginia
ancestors were not wholly free from
the vice of gambling, but they had n
supreme contempt for THE coward who
would not play without a guaranteed
advantage, making it certain that he
would win oftener than he would lose.
Looking then to the history Of our
gaming laws, as well as the statute it
self, let us see what is a proper construc-
Ition of Section of Chapter l5l, of our
Code:
''ITbe games prohibited by this Chapter
and indeed all unlawful gaming, may
be divided into two classes. To the first
class belong 5he games wherein the
chances are equal. To the second class
belong the games wherein the chances
are unequal, all other things being
equal, THE unequal chances being in favor
of The keeper OF exhibitor OF the game.
The games failing under the second class
are enumerated in the statute as A. b.
c.. L. o.. and keno tables, and faro
banks, and "tables OF like kind" If the
words "slot machines" were inserted in
the statute. and their use prohibited, very
soon they would be supplanted by other
machines bearing different name, differ
ING in fomn and eonstruction-omitting
the @sldtp but retaining an the objection
al feutures of the old machine. But ac-
corsling TO certain strict constructionists
such new devices would not be "slot ma
uhfllcS WflifouI Vne Teglitstioh stSt' HH'S
which THE players money would disap-
pear. The statutes could not be amend-
ed often enough to meet such easSs un
less the Legislature were in session con-
tinuously. l respectfully but most earn
estly protest aaginst all such rules OF
construction. It is absolutely impossible
for the Legislature to name all games
specifically. The names and devices are
continually changing. Hence, in section
one OF This chapter, the Legislature nam
ed four games. They We're selected a
the representations of a case. They are
the standards by which the criminal
character of other games Is TO be deter'
mined. AN tithe games when tested by
thele standards and found to be OF ikF
kind with them are prohibited by TINS
section just as effectively as though they
were named i'm the statute.
an order then Ito ascertain what
games not named section one Ct tlri~
chapter were iatcrried TO be prohibited
We must determine in what respect the
rame.s not manned must he like the