The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1908-04-06
GAMBLER
WON OUT

Judge Edward A. Mann, of Alamo
gordo, presiding over the Sixth Judi
cial district, in an opinion just hand
ed down in the habeas corpus pro-
ceedings of Charles R. Jones, of Santa
Rosa, who was arrested on two sepa-
rate charges of violating the anti
gambling law, first by operating and
running gambling games, and second
by running a lottery, the court holds
that the anti-gambling statute enact
ed by the Thirty-seventh Legislative
Assembly, and which became operat-
i've on January l last, does not ap-
ply to slot machines. The defendant,
therefore, is discharged from custody
by the court on the ground that the
complaints against him do not charge
an offense under the statutes of the
Territory.
Several of the owners and former
operators of slot machines in Ros:
well were interviewed today, and the
consensus of opinion of those seen
was that they should be in no hurry
to return the machines to use. They
cent opinion of Judge Mann is taken
over the territory and to see how the
court officials here act on the mat
ter. One man said: Gwen though the
Territorial law may give us the right
to operate the machines, 1 don't think
we could put them in use but few
weeks until the city council would
pass an ordinance making it prohib-
tive"
An ordinance is now in the course
of consideration at the hands of the
council, having been presented two
be brought up and voted upon to-
morrow night.
Hervey Will Continue Fight.
From Santa Fe New Mexican.
Attorney General James M. Hervey !
is to continue his war upon the slot |
machine evil, despite the opinion just |
handed down by Judge Edward A.
Mann, of the Sixth judicial district in |
the case of Charles r. Jones, of Santa |
Rosa, in which the court held that |
the anti-gamblilg statute did not pro- |
hfbit the operation of slot machines. |
Judge Mann's opinion is in direct con-
fiict with one handed down by the at
torney general several months ago.
Today Attorney General Hervey |
mailed instructions to every district |
attorney in New Mexico to file infor- |
nations against any person who un-
1ertakes to operate slot machines |
ing the anti-gambling law, until either |
a majority of the judges have con-
CURED with Judge Mann or the SUI |
preme court has passed upon the |
matter. The attorney generals letter |
to the district attorneys reads as fol /
lows:
81 am just in receipt OF an opinion |
from Justice Mann, of the Sixth dis |
trict, in the case of Charles R. Jones,
an application for writ of habeas cor
pus. A complaint was fled against |
Jones in January for running a slot
machine in violation of the gambling |
act, and he sued out a writ of habeas |
corpus before Justice Mann. In the |
opinion just received, the court holds |
that the act does not cover slot |
machine, and I am writing you to |
proceed just the same in your district |
against anyone who undertakes to set
up, keep or operate a slot machine |
used as a gambling device. If the |
court Is In session and there is a |
grand jury. try to procure indictments
against the parties; II there is no |
grand jury. file informations, and II
there is no court or grand jury, file |
q complaint before a magistrate and |
have q hearing.
sI feel that this matter is OF suffi- |
cient importance to the people of the
Territory that we should continue to
proceed against slot machines until
either a majority OF the judges haye
concurred with Judge Mann. or the
supreme court has passed upon the
matter. preferably the latter. This is
not out of disrespect for Judge Mann. |
hut by reason OF the fact that as ofh- |
GERS OF the people we cannot anord
10 slow the matter to be settled in
one district court" )"
-0-
Missionary Rally.
- l. EQv-uf