Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-12-18
GAMBLING LID TO
Be CLAMPED DOWN
"Tiger'' Will be
Driven Out on
January |
AUTHORITIES ARE ADVISED
Circular Letters Sent Out
Pertaining to Enforcement
of nti.Gambling Law.

That Governor Curry and Attorney
General Hervey propose to see that
the anti-gambling law which goes in
to effect January is rigidly enforced
is evident from circular letter sent
out today by the latter to the various
district attorneys of New Mexico.
Not only will the various forms Of
gambling specifically mentioned in the
act be prohibited but mechanical
gambling devices commonly known as
slot machines are also under the ban
in pursuance with an opinion rem
dered few days ago by the attor-
ney general.
The district attorneys are instruct
ed to advise the authorities in their re-
spective districts regarding the strict
enforcement Of the anti-gambling law
and the prompt prosecution of any Of
tenders. The circular letter relating
to the matter follows:
Text of Letter Anent Ant.GambIna
Enforcement.
Your attention Is called to Chap
ter 81 Of the acts Of the Legislative
Assembly for the year 1907, prohibit
ing gambling in the Territory of
New Mexico. The governor requests
that all the district attorneys see to
it that this law is properly enforced,
and that you advise the proper coun-
ty officers, including the sheriff, to
see that all violations thereof are
promptly dealt with according to
law, and along this line refer you
to the opinion heretofore rendered
and sent you in regard to slot ma
chimes and in order that there may
be no confusion / submit to you the
following observations:
Under Section / of said act every
game that is named of course is pro.
hibited, and not only those games but
all games of like character, and you
should always resolve the doubt in
favor of the people of the territory
and proceed with prosecutions If there
is any doubt, and the act not only in
cludes the games named, and games
of like character, but in addition to
those, any other games played with
dice or cards.
"a game as used in this statute
means one at which money or other
property is or may be won or lost,
and banking game Is game con-
Quoted by one or more persons where
there is a fund against which every
body has right to bet, the owner OF
the bank being responsible for the
payment of all the funds, taking all
that is won and paying all that is
lost and therefore the question as to
whether the house has rakeoff or
percentage is not material"
District Attorneys Must Not Defend
Cases In U. S. Courts.
Attorney General Hervey has also
sent another circular letter to the
several district attorneys OF the ter
ritory requesting them to desist in
the practice which has been in vogue
for some time of appearing as counsel
for the defense in criminal cases on
trial in the federal courts. This COM
munication follows:
"The governor asks me to request
that hereafter the district attorneys
in New Mexico do not defend criml-
nal cases in the United States courts.
This has been done in the past and
no objection has ever been raised, and
has been done by some OF the best
officers the territory has had, but in
the future the governor desires that
this practice be discontinued as some
complications might arise therefrom."