The Caucasian. (Shreveport, La.) 1900-192?, 1907-04-14
WHAT IS GAMBLING? WHEN is
A GAMBLER AN INFR-AC
TOR OF THE LAW AND
4 Y 4 @ K 4 \

A GAMBLER AN lNFRAI-
TOR OF THE LAW AND
A VAGRANT?
In these two queries is involved a Sc
rions proposition, which addresses itself
10 every lawabiding citizen of the com
nurity
The Constitution OF this State has de-
,clared that Gambling is vice. and
has ordained that the Legislature shall
make laws for its suppression. Forum
ately laws have been enacted against
gambling which, if interpreted practical
by, would lead to the minimizing OF the
evil, if it can not be crushed.
The enforcement OF law must rest on
the Interpretation OF the court. and Its
construction may have detrimental, II
not a fatal, effect on a community where
the law may be viewed enormously.
In two cases, appealed from the City
Court, where each of the defendants be-
ing held for vagrancy by having no Wis
5ble means of support or occupation be-
sides gambling, ON being tried in the
City Court were convicted and each as
sessed fine of ten dollars or ten days
by Judge Webb, and from which the de-
Sendants appealed to the District Court,
his honor Judge Murff presiding.
In passing on these two cases Judge
Murff declared in substance that per-
SON who operates a gambling game, and
plays i'll the game often, does not make
his living by gambling for the reason
that his living is made principally from
the rake-off OF the game.
Is not this an extraordinary view, to
which the pertinent query is: If per-
son who runs Or operates a gambling
game and plays, often or occasionally, at
the game and makes his living from the
rake-off of the game, what is he if he be
not gambler?
Judge Murff also declared that per-
son who is an employee of one who ope
rates or runs the game, one who sells
the chips, collects the rake-off and often
plays at the game himself, is not making
MS living by gambling, as he is paid
salary by his employer.
II would be interesting to know who
is the gambler in gambling game since
neither the man who runs the game nor
the man who supervises the game are
gamblers?
Are the individuals playing in the
game and who in the course of the game
supply the rake-off, the gamblers?
1t is fact undisputed that gam
bling contract or debt can not be en-
forced in court of civil jurisdiction,
and the application of this principle to
the cases in view would lead to the con-
clusion that Judge Murff has given too
great range in his Interpretation of
what is gambling and who is gambler
1t may be observed in considering i'm
partially the point involved, that fl
Judge Murff is sustained, it will be
senseless to attempt to enforce the law.
and in the future this vice will flourish
IN Shreveport as a green bay tree; nor
is il possible to forecast the demoraliza-
fion which would follow this relief from
the restriction contemplated by law; but
it is safe. to say that the consequences
would be deplorable and discreditable in
the superlative.
1t may be noted that Judge Bell and
Judge Murff have construed the law diff
ferently, and more in consorance with
the spirit of the Constitution and the
enactments provided for the suppression
of gambling
1t is understood that the point in
volved i'll the construction OF law, as |
presented by Judge Murff, will be ap-
pealed 10 the Supreme Court by Colonel |
Pleasant. the city attorney. who will re-
quest a plain definition of what consti-
tutes gambling and gambler, and a |
gambler being a vagrant by having no
visible means of livelihood besideaam-
bling
The decision on this point will be
awaited with the keenest interest.