The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1910-03-16
l. {. 2 - r
SLOT MACHINES
WILL have TO
BID FAREWELL
Judge Mason Says
Such De:vices
Must Go

otut llIdGlllHES III eua gSlly anu Ill
Marion county will have to go. Judge
Mason gave special charge to tho
grand Jury this morning. in which the
court defined the law governing slot
machines and automatic gambling dc,
vices. 1T is said that the State Tax
Commissioner collected tax for many
of the machines. and that the owners
are of the opinion that the tax paid
Is sort OF license that protects
them. This Is not the law, and those
WHO have paid State tax and con
time to have machines in operation
until the next grand Jury or after the
sitting OF the present grand jury will
be indicted. Judge Mason said:
Slot Machines and Other Automatic
Devices.
Slot machines nnl automatic devices
may be divided into three classes un.
der Paragraph ?. OF Sec. 2. Chap. 32
of the Code OF West Virginia. rs
amended by the acts OF 1907.
l. Machines which for the same
profit or reward In each case and with,
out any violation OF law furnishes mu,
sic or exhibits pictures or provides
facilities for weighing or supplies any
merchandise or. other thing or renders
! any service.
.. Machines actually delivering
merchandise thereirom automatically,
where such machine is kept within the
merchants place OF business.
g. All slot machines and automatic
devices III the respect To which OF
their operation. service or supplies
there is any element Of chance.
Machines falling under the first
class may be used By the payment OF
the license tax reqniretl',by law. But
their use is unlawful without the pay.
ment OF the license tax.
Machines under the second class
may be used without the payment OF
any license tax.
No slot machine or other automatic
device with respect to which or It's
operation. service or supplies there is
any element OF chance can be used
lawfully with or without license. The
statute expressly declares that no
such machines shall be licensed or
protected by any license No one has
any authority to issue license for the
use OF such devices. All licenses or
pretended licenses, no natterby whom
issued. are absolutely void and afford
no protection whatever to the holder.
There should be difficulty in de,ermin.
Ing what devices fallEGndcr this class.
Machines which for the same proNt OF
reward In each case furnish music. ex
hihlt pictures. provide facilities for
weighing or supplies or delivers mcr
chnndise do not fall within this class
But machines and devices while doine
| any OF these things or other things are
| In addition thereto possess any elc
tHcnts OF chance Is unlawful. There l.
very wide difference between pur
chasing m article to he delivered auto
fhat!caity and buying the same article
10 hc delivered In the same manner
and In addition thereto chance for
something else. In the one case the
purchaser buys and pays for the n,er
chandlse only. In the other case he
buys the merchandise and also
chance for something more. This lat
ter transaction is gambling. aud Is for.
Diddcn OF law. A meg.nHnt max sell
his soo'ls and have them delivered n,,.
tonatically or by his clerks. agents. or
~ such manner MS he chooses, in an,
kind OF games or through any gaming
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