Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-03-25
DRINKS ARE OF
VALUEISAYS
CLANCY
ATTORNEY GENERAL RULES THAT
SHAKING OF DICE OR PLAYING
CARDS FOR BEVERAGES MUST
Be CONSIDERED ILLEGAL.
POOL GAMES ALSO
UNDER THIS BAN

Drink-Liquid to be swaloWed any
fluid to be taken into the stomach for
quenchine thirst or for other purposes
such as water, coffee, or decoctions;
a beverage.
"cve me some drink, Titinius"-
Shakespeare.
So speak Webster and the great
poet; now comes forward Attorney
General Frank W. Clancy and says
that shaking dice and playing cards
for drinks is violation OF the new
anti-gambling act.
In other words law-abiding citizens
with a thirst will say With the Bard
of Avon: GIVE me some drink, TIT
MUS. or Mr.. Bartender and not
Lets throw dice fellers for a little
quencher.'
1t would seem that the death knell
of that very popular and amusing
game "whiskey poker, has been
sounded too 1t would seem that the
days of the Dutch treat regime are
to blossom forth again. A facetious
newspaper man OF San Francisco
once declared that "work is the real
curse of the drinking classes
( But what he will say when he comes
to New Mexico and finds that he must
not play cards or shake the dotted
worries to determine who shall buy
remains to be heard.
Mr.. Clancy also takes a shot at
poolplaying and he gives rap to
card players. The attorney general
is human enough to admit, however,
I that certain games OF pool may be
games of skill and not mere luck and
therefore may not be violations of the
law when "the low man" pays.
Certain it is, those who have been
| twitted about their inability to play
pool or cards may turn up their noses
now and say Mere mck-that's all.
! Ask Mr.. Clancy"
!, THINGS o. LuE
| How will opponents of alcohol and
crers against the use of tea and cof-
fee view the opinion of Mr.. Clancy
that after all is said drink is a
thing of value? On very hot day,
however, the average human may
agree with the attorney general for
there are drinks and drinks, accord
! ing to the dictionary man.
The Letters.
! The following are the opinions of
! Mr.. Clancy as outlined in two letters
which are self-eXplanatory
March 22nd, 1913.
"Mr. Frank Henson Belen, N. M.
Dear Sir--Your letter of the 18th
inst, was received on the goth, but
have had no opportunity to examine
the anti-gambling law until today. ]
do not find that there was any amend
ment allowing such games as shaking
| dice for drinks or playing pitch. The
statute makes it unlawful for any per-
son to play any game of chance for
any money or other thing of value.
Drinks are things of value and shak-
ing dice and playing cards must be
considered as games of chance.
Yours truly,
"FRANK w. CLANCY,
Attorney General"
TO MR.. PACE.
! March 22nd, 1913
j"Mr. r. A. Pace, Alamogordo, N. NJ.
Dear Sir--I have today, for the
first time, seen the exact language OF
the anti-gambling law, which makes it
/ unlawful for any person to play for
money or other thing of value at any
game of chance and also makes 1t an
offence for any person to permit such
playing on the premises which he
owns or controls.
"In your recent letter. to me, you
ask whether it was a violation OF the
law to play pool, the lowest man to
pay for the game. The answer to this
depends upon whether the game is so
played as to be a game of chance. AS
l understand, some games of pool do
have an element of chance in the dis
tribution among the players of mar
bles with numbers marked thereon,
those numbers to be added to the
score made by the player, and when.
by such addition, the player makes
certain amount he wins. It seems to
me that this kind of pool is a game
of chance AS to other forms of pool
games, it is doubtful whether courts
would consider them games of chance
or games of skill am informed that
courts in other states have held both
ways and we cannot be sure what
view our courts would take,
"You further ask whether it would
be violation of the law to engage in
game of cards. the loser to pay for
the drinks for the party, and also
whether it is violation to shake dice
for the drinks. Shaking dice and
playing cards are generally conceded
to be games of chance, and the drinks
are things of value, SO that | believe
that such playing is forbidden by the
new law.
"You also ask whether 1t is unlaw-
full to take chances on anything where
you punch board and draw num-
ber, the lucky man getting prize.
If 1t is a matter of chance and not
skill as to the number which the