Arizona republican., 1906-11-16
COUNCILMAN KtRSTlN6 ON GAMBLING QUESTION
If the People So Ask, He Says, There
 Will Be Prohibition That Will Pro-
 hibit.

It is doubtful if there has ever been an election held in Phoenix in which the interest has been as inactive on the surface as in the coming gambling election. This condition of affairs IS due largely to the territorial fair and by the coming Sunday and until cleo tion day the interest in the event will become more apparent. Although the council as a council has never consid cred the course 1t would pursue when the result of the election is made known the members have individually given an expression of their views. Their entire efforts at the present time are being devoted to the securing of a fair election and an honest express sion of the electors. There has been a story in circulation during the past two days that the council was not agreed on the course they would pursue should the vote go against gambling.
 Councilman Kerstlng yesterday took occasion to state plainly what he would do and what he believed the res of the council would do. He said:
 'It has been reported to me in the last few days that there were rumors afloat that the council will pass some ordinance that will permit gambling up stairs, in cellar or some other place; that when an ordinance is presented it will be emasculated.
 'I will say regardless of all rumors. that if gambling is voted out believe we will have an ordinance that vii! suppress and prohibit gambling. No wishy washy ordinance for me. I be- lieve that the same opinion prevails with the other members of the council. ! l may give the voters my idea of the general terms that an ordinance of this kind should contain.
 ''I suppose that the rumors now afioat are caused by the call of the election not being explicit The question of gambling as now before the people per ! haps may need little farther elucida- i ton. The line of demarkation between some businesses and gambling is sn close that it becomes necessary to de- fine and state what gambling is.
 That Is described by the gambling bills before congress and a number of state legislatures. and all our city ordi-
 
 '1t was asked at the City Hall last week What do you mean by gam bling?' the answer was Public Gam bling" Now we know that would not do, for for the reason that the saloon owners would put partition across their rooms and back of that would be private gambling. They might have book for the subscription of names or they might issue cards for membership in so-called private club. Then IL could not be called public gambling Again, to prohibit all gaming for money would not do for two persons might enter an establishment and purchase from the man in charge an old button, hairpin. or a pebble for say $1I.0O The two men would sit down and play. The winner would take the button hairpin or pebble to the man in charge and get $l0.00 in exchange. leaving the house 10 per cent commission. Now they were playing for a prize. Hence the playing for any prize of whatever nature must be prohibited
 Tt is a well established rule in law that the enumeration of the powers ex- cludes all other powers. You may ask how could you name all the games that are now played and in the future may be invented in the playing of cards. l may state that any game of cards dice, pool. billiards Or any other instru- ment that is played to any rule or set of rules or system with a view to win any prize money or any other tangible thing of whatsoever nature whether presented or paid in the present or future. that is waged upon the issue of the contest is gambling and in enacting an ordinance it is my opinion the coun- cil will consider it as such.
 Tt is my farther belief and hope that all playing for drinks in the saloons in the city will be stopped under this i ordinance. I believe that there is more drunkenness caused by treating and playing for drinks than any other cause and the damage is incalculable to the drunkard as well as to society.
 This matter has all been pretty well considered by the council, although they have not prepared an ordinance yet. These are some of the essential points that an ordinance must contain to stop gambling and if the voters wish a cvay m fn ha "a