Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-09-11
DISTRICT ATTORNEY .'
Of White Pine Go. Renders Decision
ON GAMBLING LAW

sion any cards, gambling tables,
checks. wheels, slot machines, or
gambling devices of any nature used
or kept for the purpose of playing
any of the games mentioned in Sec
ton /; or any person who shall
aid, assist or permit others to do
the same is liable under the gam
bling law.
1t is the duty of all peace officers
who know that any person is in pos
session of any cards, tables, checks,
balls, wheels or slot machines or
any gambling device of any nature
| to seize the same and to take the
same before the magistrate in whose
township the said device may be
found and to destroy the same by
orders of the court. officers are
authorized to break down the doors
and enter places for the purpose of
obtaining possession of any such
gambling devices when the officers
have reason to believe they are in
the house or the building, and any
| person found with any of the de-
vices in his possession shall be ar
rested and taken Immediately be-
fore the committing magistrate.
This law exempts from prose-
cution all persons who testify to
the act or violation of this law.
To make it more clear, any game
Pof chance in which there is wag-
er or a game of chance to receive
greater or less returns are pro-
hibited, l mean to say that IL there
is what is termed a grab sack"
in which you pay for chance to
take a package whose value varies,
it is gambling. A slot machine
that pays according to pairs,
straights, Pushes and full hands is
gambling. Gaming or gambling is
an agreement either implied or ex-
pressed between two or more to risk
money or other things of value
on contest or chance of any kind
or to risk money against anything
of value or where one must be the
loser and the other the gamer
Bell VS.. State, 81 Tenn. page 507.
] Gaming is the use of cards, dice,
billiards or other instruments, ac-
cording to certain rules prescribed
in the game with a view to win
money or other things waged upon
the issue of contest. In re Stew
, art. U. s. Els Fed. p. 398.
A prize game as conducted by or
binary society is gambling. ITO
constitute unlawful gaming, there
? must be a game played and upon
its results some article of value
must be lost or won. Alexander
VS.. State, 80 Ind. $50.
. Also defined, Gaming consists in
playing for certain stakes, as, added
to the amusement, made the conse-
quences dangerous to society,"
: State VS.. Records. 4 Del. p. 554.
!, Gift enterprise, by which mer-
chant tradesman sells his wares for
their market value, but by way OF
inducement gives to each purchaser
q a ticket which entities him to a
: chance to win certain prize to be
G determined after the manner OF
lottery, is included within the term
gaming. Bell VS.. State Supra.
Playing billiards where the loser
of the game pays money to the
: owner of the table is gambling OF
gaming.-St VS.. Miller, A N. w.
p. 9O0
Playing cards under an agree
f ment that the party who loses shall
treat the other to cigars is gamb-
ling. State VS.. Wade, 81 Amer.
T. !, Rep. p. $50.
# Playing cards for beer or liquor
Il constitutes gambling. Brown VS..
e State, 7 Atlantic, p. $40.
}, Gambling is gambling, whether il
: is for cents or for larger sums
: and the loser at cards who buys the
d other party drink or cigar as a
: penalty for losing the game is en-
gagged in gambling. Hay VS.. Reid
i IS y. W. p. 5O7.
e 1t lis gambling to play any game
S of hazard for money or other arti-
) cles of value A game of hazard
), to determine who shall pay for
the beer or other liquor to be
drunk is strictly playing fer money
1t is to determine which party shall
pay the sum of money for the 9TH
.; er. Commonwealth VS.. Taylor, sc
g Mass. p. &c.
- Throwing dice to determine who
ID shall pay for liquor or for any
in other article bought is gaming
5r Mcnapial xyc r.