Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-04-05
SLOT MACHINE IS
EXEMPT FROM
TIGER LAW
DISTRICT JUDGE MAKES
IMPORTANT DECISION
Test Case Voluntarily Made by
Santa Rosa Man Results in
Finding That Device Is Not
Strictly Gambling Game,

Mdln mas ItUutltu an uplHtpi III Inv
cast of EX-Parte c. II. Jones, brought
befort him on a writ Of habeas carpu,
10 test TIT recent gambling law as t.
slot machines.
He holds that slot machines do not
come within the provisions of IN,
New Mexico gambling act
Last January In order to have the
discussion Wdicially administered on
c. r. Jones, of Santa Rosa submit
ted TO having his slot machines con
hscated by the sheriff and himself pat
Under arrest for running them in Nio-
laton of the law Habeas corpus pro-
ceedmgs were at once instituted, Jones
being represented by John W, Thomp-
son and John r Wharton attorneys
of this city and the territorE's side
OF the case being handled by Attor-
ney General Heryey and District At
torney Edward f. Wright of Santa
Rosa. Briefs were filed by both sides
after the arguments and on Monday
Judge Mann took up the case for adj
publication. He has just filed his opln-
ion in the case, which in part Is as lol-
lows;
one of the complaints charge de-
PENDANT with running a lottery aud
counsel for the territory cite some
cases from Texas, Alabama, Louisiana,
Georgia and Florida in which the
courts of those states have held th1t
slot machines fall within the deItn-
ton Of lotteries under tho various
statutes Of those states The act OF
legislature of New Mexico relating TO
lotteries was passed in 1889 and APP
pears in the 1897 compilation as sec
lions 1927 to 1882. inclusive. A care
tut readinq Of those sections seems
to leave their meaning 50 clear and
unelOuded as to leave no room for
construction. The last section tf332l
provides that the act shall be con-
Slrued to apply to every device or de-
vices and to such device or devices
upIN, as are commonly called or known
as lottery although called or desig-
mated by an yother name, and the
preceding sections relate to ticket,
and drawings in such a manner as to
clearly indicate that the Legislature
had in mind only lotteries of the COM
mon kind whore tickets are sold and
regular drawings are held.
While the general definition Of the
word lottery might cover Slot ma
chine Of the Kind described in the
stipulation. vet our Legislature 50
clearly restricted the legislation in
question to lotteries where tickets are
sold and drawings had, as lotteries
are commonly Couuutl'ut ll"l SUN
definitions nave no appiieatl"n mere
J have not been able to examine the
statutes of Texas and the other states
which have been cited, but conclude
that they must be much broader than
ours. Again, it Is hardly conceivable
that the legislature should provide for
tue licensing OF SLOT llachiHeS 81 luN
KIND under consideration al HIlN uoI-
lars each per anhum mad II ConSlde,
ca them lotteries Whlch II mao dlFta"|
PROMPTED uhueF HedNA P'l8'l''''
IT seems perfectly clear lhal SSuCn ma ma
chimes were not lotteries NI'hln inc
meaning OIL our Jaws
III
Coming now TO the serious queSl Iou
IN the case ana that upon when coun-
sci devote the greater part on theiE
brleis, Is SLOT maehIne 81 tn0 EIuu
described III the stipulation "i iaVlS'
contemplated by me aG' o. lne lesl9-
lature' approved MaIc4 lst' ~
tChapter D. Laws ~ l'V - eHItlHu'
An act to proniD't sallUllhS IA lue
territory oil Ne" MeA'coL ms H., n.y.
quote IN LUZ dS ~ appta. - w
original act on me IN the oInce ol lhc
territorial secretary;
Council Bin NO IS. An d't 10 Pio-
ilblt gambling III lhe teIl ltoi9 VI MyW
Mexico. BE u enacted ny Wy o'l'l
legislative assembly OIL me 'eIIiIo'@ u
New Mexico. ,.....r,. a..
Sectloh T. y su"ll ~, ~ ..., ~
unlaWlul TO run on oPetate any pauN-
iug games 81 chahce Suti as ta' %
monte passlaro' paSsl"ollIe' WI
ty-one, roulette chuGh-a-l ueN' lltHo "
ran ian, poker Stuo pohei, tuu ~
NlaCN' iltSh a'iu l'N' -,
en- banking game or games o. tllt'n''
played WIN ulCt OF t'Iu9 ~ W. l9.ao
ever name known IA 'He li'toiH y
New Mexico. A..
section Any person VIZ - ,'l'
owner or ppssrSsof 81 tHe sau''s ii'g,,,
toned In section one q auS pelSon
engaged III operating any 80, 7"'','
or VINO j. III actual Pi pS9g,Iio ~,
cohuoI as ltasee or o'lT5 - "t lay
premises upon Which aalo s%;l,ss =
run or operated shal pe sullS$ ~
misdemeanor ana upon N,''son
thereo1, shalI De puHlSlieu ~ l,I'al
~ w oo 91I "a, ,l,,3a man avn
hundred t$oOo.Ou1 dolals, "''G go +''i
" mp 'Soneu ~ 1,o
not icss IMAM SlA ln9htlS, l ~
section ~ shdlI oe Wy we
ail district attorneys 70 Iepoi "i's Guy
an NlolatlonS 81 tnts 'aN "a e wv
jury ana y sHai " w - WYNN
grand jury 70 ilNSs'i5dte ~
selves anu a. ,i'iN t,i,tnr ~ m