Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-25
SLOT MACHINES.

"Bv what authority arc 'he 9'' NV
chimes running in salt Lake at pres
ent?'
This question highly respected clt'-
zen Of this city non" Mormon
has rco,iested the News" to answer.
the city ordinances provide that NJ
shall be unlawful for any person To
oporate or maintain" slot machines
without license and that mo license
shall be issued for the operation OF
maintenance of any machine which Is
used for the purpose of gaming Tor
money or other property This Is eN-
pliclt enough, and under this ordl-
nance the slot machines were, at one
time. coniiscated 1t was then demon
strated that an order from the Cmet
of Police was all thnt was needed TO
end that form OF gambling
on December cath. 1906. case enti-
tied the city VS.. John Smith came up
for decision In Judge G. b DIEM =
court The defendant was accused OF
orerating a gambling device and the
matter was submitted upon an agreed
statement OF facts and brief was
also submitted. Assistant city Attor-
ney p. J DAILY had the prosecution IN
hand. while the defense was represent
ed by Attorney Soren Y. christensen
The latter contended that the slot ma
chine run by the defendant, was not a
gambling device. He argued that. uh-
der the statutes, il was necessary Tor
the city to prove that the machine an
question was operated for money, or
| things representing money. Judge
Diehl took the case under advisement
and rendered decision to the erect
that the particular slot machine was
| not a gambling device, for the reason
that the winner was paid either IN
checks or merchandise.
At the time this decision was rem
| dered money slot machines were rum
| ming In this City, and had the operator
OF one of them been tried for maintain
ing gambling device. the de-
| cision would probably have been DIFF
| ferent. shortly after the case was dis
! posed of here, a similar one was trieC
! n, ogden before Judge Murphy, judge
Horn was special counsel for the CltN
and prosecuted the case vigorously
The game question was involved as IL
the Salt Lake case and Judge Murph!
rendered the same decision as hande'
down by Judge Diehl.
Recently a movement was started b.
tho present administration to make
levy of SO per month upon each slo
machine operated in the city. Unde
the ordinance, If Judge Diehls decision
is correct, the City has the power Il
license, tax and control slot machines
bur II seems that the American OF
dciaIs do not want to do this. In spit
of the decisions rendered, the power
that be, Justly. we believe, insist Una
slot machines are gambling devices
and accordingly now levy a tribute o
a fine of SO per month from cach'
that ground. The scheme is one Tor rev
cnue only. II IL taxation of bushes
prohibited by the City ordinance
we have been informed, howeVe
that Judge Dtehl has modified n
opinion ON the legality of running s''
machines. II this is true, another te
case ought to be made. There is lit
doubt that they would be condemne
IL another hearing We're asked for
The Chief Of Police can order the
removed as illegal gambling device
FOR the fact that the operate
are fined SO n month prov
that they are considered llles'
or the Mayor can take the lntiall
if ne is so disposed There is no e
, cuse for toleratng them any long'
they are operated against the law, b
the party dictators who have usurp
the right TO rule the city officials al
in the last instance, responsible I
their operation