Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-03

My Dear Sir:
! Slnc"sit seemed best to you to give
your ictt'r To me To the press permit
me also to make Il public reply.
| Ny article has not been before tn"
| readers of the Journal. but its point
is correctly stated Ivy YOU. | charged
| YOU "lth a direct violation of Il plain
law in ordering the gambling nipple
| mentS restored to the owners, when
| the law says he implements Shall be
| ordered destroyed.
| There is no question betW zen us as
to the following facts. Certain arti-
cles enumerated by you were seized
under warrants issued under Chaptc.
l05, Sec. II, of the laws OF 1908. These
articles We're declared forfeited and
ordered destroyed by the judge of the
Augusta municipal court. An appeal
WAS taken 10 the superior court. These
| appellants entered the superior court
ana Headed nolo contendere. and so
admitted their guilt of the oifense
charged. Under this plea you SEN
fenced the pleaders. Next you ordered
tie articles seized returned. You
claim that you acted in conformity
with Jaw in ordering these seized arti-
|
| lated law in this order.
| 1t is not necessary to discuss the
Gu, stion whether a pool or billiard
table admittedly used for gambling
purposes by its owner is a gambling
I in.I lrnent on apparatus or not. 10
tie lay mind it would seem, however,
| that "A thing used for gambling pur
po*ns is a gambling implement. But
I
he at once settled in the minds of in
tcliGent people by a careful reading
! of the law in question.
fine search warrants We're issued
under SEE II Of Chap. l05 Of the laws
| Of 1908. This law reads as follows.
| Section H. When a person makes
| oath before a trial Justice on judge of
| a municipal or police court thar he las
reason to suspect and does suspect
| that any tenement or other place is
| unla Wfully used as and for Il common
| gambling house, for the purpose OF
| gambling for money or other property.
| and that persons resort to the same for
| any such purpose such mag ,Stratc,
whether the names of the persons last
m"nt toned are known to the complain
ant n not, shall issue a warrant COM
! mHnding the sheriff or any of his dep
utes on any constable or police officer
| 10 enter such tenement on other place.
and to arrest the keepers thereof. all
| persons in any way assisting in keep
| ing IT," same. whether as ianit"r. door
| keeper. Waterman, or otherwise. all
persons who are there found partlci
| pating in any form of gambling and
! ali persons present whether So partiti-
patin@ or not, if any lottery, policy or
| pool tickets. slips, CHECKS. manifold
| books or sheets memoranda of any
| bet or other implements. apparatus or
| materials Of any form of gambling are
| found in said place. and to take into
| their custody all til" implements, APP
par2tuS or materials of gambling. as
aforesaid. una All tho personal proper
| ty furniture and fixtures, 50 that they
may be fort Incoming before S0nlr court
| or magistrate, to be dealt With accord
| ing 10 law All articles and property
| seized under the provisions Of this
section, or found in tn" possession or
| under the control of any person arrest
| cd for keeping or assisting in Keeping
| u gambling house or for gambling.
| Shall be disposed of in the manner pro
| vidcd in the following section Tor the
| disposal of countorfeitng and bur
| glars tools
| VIII You please not" that This law dis
| tinctly states that not only gambling i'm
PIGMENTS, etc. ~" t" he rakcn into Gus
todH, but also ''All tn" personal property.
| furnitul" and hNtures.' viii you fur
| thcr note that this law says AN articles
and property" not simply all gambling
| implements, seized under the provisions
| Of this section" that is, the personal
property, furniture and fixtures so seized
| shall be disposed of in the manner pro
| vidcd in the following section for the dis
poSal of countcrfeting and burglars
| tools" This language is certainly plain.
| Now if You will read the following sec
| tion Nou see what disposition is to be
| made of Counterfeiting and burglars
tools. and also of all personal property
furniture ana fixtures seized in a COM
; mon gambling place. This section which
was amended in 1909 So as to direct in the
disposal of money found in slot gamblin.
machines, reads as follows:
Section i. All tools, machines, dies,
plates OF materials provided for making
| counterfeit or spurious coin, or for forg-
| ing bank notes or other Instruments, all
| nufSEltS tbblS. or implements prepared
or designed for burglary all lottery
| tickets or materials for a lottery or pro-
| cured for the purpose of Il lottery: all
| gambling apparatus or implements for
| gambling. and all monies therein con-
| tanned. shall. when the same are found
and taken by virtue of Il search warrant
| or are found in the possession or under
| the control of amy person arrested for
| forgery. counterfeiting. burglary. selling
| lottery tickets or gambling. he safely
| kept by the direction of the court or
| ma gistrate having cosniZance Of the
case. so long as may he necessary for
| their being used as evidence ON amy trial
| All such articles, devices, tools and MAJ
| terials, shall thereupon be declared for
| feited hv said court, and ordered de-
| stroved and shall by order of the court
rendering final judgment be turned over
to the sheriff of the county where the
| seizure WAS made, or to such of his depu-
| ties as the court shah order, by any Off
| Ger competent to serve the process or
| which they were seized. who shall forth
| with make return accordingly to said
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