Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-12-16
SLOT MACHINES
PROHIBITED TOO
Says Attorney Gen
eral Anent Anti
Gambling Law
OPINION TO THAT EFFECT
Holds They are Games OF
Chance Same as Faro
and Roulette.

One of the very first legal opin
ions to be rendered by Attorney Gen
eral James M. Hervey who entered
upon the discharge of his official du
ties few days ago is one relating to
the legality of operating games oi
chance in the form of slot machines
after January /, 1908, when the anti
gambling law enacted by the recent
legislature will take effect. He holds
that it will be unlawful to operate
these mechanical devices in New
Mexico after the date when gamb
ling is prohibited, although slot ma
chimes are not specifically mentioned
in the statute referred to.
The first section of the newly en-
acted anti-gambling law mentions al
most every game of chance in which
money or chips" are used with the
effiception of slot machines but At
torney General Hervey is of the opin
ion that the act is amply sufficient tc
prohibit the running or operating o1
slot machines nevertheless. The first
section of the statute follows:
1T shall hereafter be unlawful te
run or operate any banking games
of chance, such as faro, monte, pass
faro, pass-monte, twenty-one, roulette
chuch-a-luck, hazard, fan tan, poker
stud poker, red and black, high anG
low, craps or any other banking game
of chance played with dice or cards
by whatsoever name known, in the
Territory of New Mexico"
In his written opinion he says II
part giving decisions to sustain his
contention:
Synopsis of Opinion.
THE legislature said that 1t should
be unlawful to run or operate any
banking games of chance, such a:
faro, monte, etc. The question now Il
whether or not a slot machine is {
banking game of chance such as the
games mentioned in section l of sale
act.
I'm order for any particular game
or gambling device to come within tht
denunciation of this statute, it mus
have one of three requirements: (1st.,
it must be banking game; (2nd) i
must be such game as those specific
ally mentioned in the statute, or (3rd.
it must be game of chance played
with dice or cards. But 1t does no
necessarily have to be played will
dice or cards, because any game men
toned In said section, whether playet
with dice or not, and any other gam
Of like character, would come within
the inhibition of the statute.
"A slot machine is usually gamb
ling device patterned after some wei
known game, and l presume tina
there are slot machines patterned afte
every known game that Is played witt
cards, dice or dominoes, or any othe
apparatus. The most common are tw'
kinds, so far as have been able t
ascertain: ~ machine in which
coin is dropped in one of numbe
Of slots and the player turns cranl
and starts a cylinder divided into fiv
parts, containing ordinary playin
cards, to revolving, and he draws two
three, four or five times as much a
he deposited, according to the han
the cylinder exhibits when it stops
or he loses what he deposited. TIL
hand upon which he expects to wi
is nothing more nor less than poke
hand. Now, il the legislature ha
prohibited the playing Of poker, whic
it has, it would not make any diffel
ence whether the poker is played b
machinery or by hand, 1t is prohibite
just the same. And ~ another chal
acter of machine is device by whic
coin is deposited in slots labele
with different colors and the machin
contains disk composed of color
corresponding to the slots; the playe
deposits a coin in one of the slots an
the disk revolves; 1t Is provided wit
an indicator and if he plays the re
and the Indicator stops at the ret
he wins SO much, according to tn
amount indicated on the slot wher
the money was deposited, being usua
ly from one to five times as much a
he deposited. If 1t does not stop 6
the color where deposited, he lose
In my judgment this would be held
be roulette game, or game sue
as roulette" and the fact that 1t
played by an automatic machine woul
make no difference.
Slot Machines Worst Form Of Gaml
ling.
1t would not seem that 1t could b
properly contended that the game
mentioned, or games Of like chara
ter, or any other banking games, coul
be prohibited and the legislature Il
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