The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-27
TIE M ETALs
DiEHL's GAMBLING DECISION.

0iEHt's GAMBLING DECISION.
Judge Diehl of the city police court
held i'm Christmas eve decision that
playing slot machines IS not gambling
when the owner of the machine pays
I'm merchandise. and as a result of the
decision the machines which have been
III hiding, waiting for the decision, are
all in action again.
In the absence Of any written opin-
Ion from the judge, and assuming he
has been correctly reported, the de-
cision deserves to rank with the legal
curiosities of the west along with the
finding of that other learned justice
who overruled the constitution OF the
United States. The Century dictionary,
which is regarded as pretty fair au-
thority in matters pertaining to the
English language, defines gambling
thus: ITO play at any game Of hazard
for stake; risk money or anything of
value on the issue of a game OF
chance"
It will be noted that the Century re-
CARDS anything of Value' as a factor
in gambling; it does not limit its def
milton to money stakes, but when a
game of chance involves payment of
anything OF value, say cigars or drinks
or tokens Of value, it is gambling. 1t
is barely possible the judge thinks the
cigars paid on slot machine games are
not things of value" and that the
average drink in the slot-maehine sa-
loon is even less valuable Or possibly
he thinks the man who will play slot
machine doesn't nave any show to win
and is therefore not playing as game OF
chance which would bring it within
the definition of gambling
No matter what his method OF ratio
cination-If any was involved IN enc de-
cision-his conclusion is clearly in de-
fiance of the Century dictionary, 10 say
nothing of the statutes OF the state o.
Utah in such cases made and provided
We venture to believe, with all due
difference to the majesty of the law and
the dignity of Judge Diehl's court. that
the slot machine is gambling of the
most pernicious sort, that it has no
DlOpct ptdIc III any Jaw -dBlu1uS GOIfl-
nunity. that it is more dangerous 20
the youth OF the city than a straight
out faro game. and that it would be
suppressed if the county authorities
had the nerve to do their duty anc
bring it into the courts with the in
tention of prosecuting offenders eff
GENTLY.
The injury of slot machines IN
community is in their appeal to the
gambling instincts of every man VINO
happens to be in cir vicinity Men
who would not think of going into
regular game will risk their money in
p restaurant or cigar store. Boys who
would not be permitted TO enter a de-.
cent gambling house are permitted 10
play openly on the slot machines.
Where there might be half a dozen
regular gambling games at the most IN
city of this size. there are hundred
Of these slot machine Gead-falls scat
tered all over town.
Another thing: the better class of
merchants viii not have a sIscnlEe III
their establishments. while the man
whose conscience is easier or who
wants to keep up with his competitors
in trade will keep one or two machines
IN his place for the trade ii brings The
result is TO demoralize business for the
reputable places and put a premium on
the machines.
Either as matter of law, of public
policy or public morals. Judge Diehi's
ruling is, to put it mildly. unfortunate
for the community. and some means
ought to be devised 10 secure the TX
ecution Of the intent OF the law which
that decision has suspended. Gambling
in defiance of the law is bad enough.
but gambling with the sanction OF a
cn1irf nnininn ia abort the limit