Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1907-06-14
SLOT TEACHINGS NOT PROPERTY
Supreme Court Decides Well Known
Gambling Machine Case.

In an admirably written opin.
ion, Chief Justice Ailshie has Just
affirmed the lower court in the case
brought by ]. B. Mullen & Co. o.
Boise against the sheriff of Ada
county for the recovery of lot Of
money-paying slot machines seized
by the sheriff to be destroyed. The
E opinion is concurred in by Judge
Sullivan.
Part of the syllabus is here Civ
en-:
"a slot machine, incapable of
use for any purpose except in VIC
lation of the penal provisions of
the anti-gambling law, is not prop
erty within the meaning and pro-
lection \ OF the constitution.
Part of the vigorous argument is
also given here:
"In this case the articles or prop
erty, if they might be called such,
seized are instruments of crime
only. The most effectual method
of preventing the crime is to de-
stroy the specific instruments de-
signed and kept for its perpetra-
ton. This is peculiar to the crime
of gambling as to few other crimes.
A man might commit murder with
an implement of husbandry or the
tool of an artisan, but for that rea-
son the legislature would not be
justified in directing the summary
seizure and destruction of hoes and
hammers, but it might with wis
dom and propriety authorize the
summary destruction of Internal
machines. Under the police pow
er of the state we prohibit the herd
ing of certain live stock within
specified distance of a dwelling
house; we kill diseased animals and
quarantine against contagious and
infectious diseases, and for the
same reasons we destroy the devic-
es and tools of the gambler that
the morals of the community may
be protected from his contagion
and the peace and safety and pros
perity thereof may not be invaded.
at is generally difficult to detect
and get hold of the players of I'M
lawful and prohibited games on
account of their alertness and rea-
dy means of locomotion, but the
dumb instruments they leave be-
hind for obvious reasons, are al
ways ready for business and the
law contemplates disabling them
as a most effective way in which to
prevent the recurrence of the Of
tense. They are menace to the
welfare of the community and in
vite breaches of the law. The pub
lie authorities are required to de-
stroy them for the same reason that
they would destroy dies and plates
for counterfeiting or the stills and
vats of the moonshiner.
"This court will not countenance
an action looking to the recovery
of such an article or articles that
they admit are devised and con-
structed solely and exclusively for
gambling purposes and are only |
capable OF use in violating the laws
of this state 1t IS conceded that
the only possible value they can
have is for use in violating the pen
al statutes of this state; that in or
der to be valuable and command |
any price in the market, it is nee
essary that they be used in the
of crime. The courts
of this state will not permit any |
person or number of persons to
an action for injury to or
recovery of an article of such char
acter. The plaintiffs, under such
circumstances, have no standing in
this court. They have no griev-
ance to present to a court and they
will not be heard to cavil over the
right of possession or instruments
of crime"