The San Francisco call., 1913-07-29
ORDINANCE WHICH
WILL OUTLAW ALL
GAMBLING RAMED
Assistant District Attorney
Drafts Measure to Evade
Conflicting Decisions
of Courts
CLUB OWNERS MAKE
DETERMINED FIGHT
Captain of Detectives Re-
sents Aspersions for Pro-
motion of Mcconnell

A gambling ordinance that will
really and for the first time in the
history of San Francisco. define gamb-
ling. has been prepared by Assistant
District Attorney Maxwell McNutt as
the most effective weapon he can de-
wise to put the crooked gambling
clubs of this city out of business and
if approved will be submitted within
Il short time to the board OF supervls-9
ors. Once it is passed Mr.. McNutt
proposes to start an active campaign
against the gamblers that will have
for its object the wiping out of or
ganized and professional gambling.
Hitherto, said Mr.. McNutt yester-
G day afternoon. there has been no def
inition of gambling except the
courts have Variously construed the
word One judge would rule that
poker playing was gambling and an
other would hold that poker was
merely game of skill and not gamb-
liug at all. The result has been that
those trying honestly to put stop
10 the evil in this city have been
working in the dark, not knowing
what attitude the judges would take
on the various complaints made. l
think the ordinance that I have pre-
pared will define gambling in such
definite fashion that there can be no
misunderstanding and no beating
dOOul liS DuSH.
DEFINITION Is PRECISE
Gambling. as defined by the ordi-
nance prepared by McNutt. means
playing with cards, chips or other i'm
plements for money where the
house holds out a percentage of
the stakes as its share, or where 1t
obliges the players to buy chips, cards
or other merchandise from IT, or
where those admitted to play or to
+oI,
dues or a membership fee.
The keeper of a gambling game is
defined as the man, or firm, that pro-
fits by the playing of others, while
visitors are defined as those who pay
the house directly or indirectly, per-
centage, or dues or membership fees
for the privilege of playing or looking
On.
While Assistant District Attorney
McNutt is busy preparing his odinance
to put an end to crooked and pro-
fessional gambling in San Francisco,
the gamblers arrested in the big raid
of July II are preparing to fight to
preserve their privilege of fleeing the
unwary.
ESTOPPAL is SOUGHT.
Yesterday morning Attorney Tom
O'Connor, representing Wolf Brothers,
proprietors of club at So Ellis street,
made a motion before Judge Deasy
TO recall the search warrants issued
last Saturday to two officers, permitting
them to enter the club.
Those warrants" said O'Connor yes
terday afternoon, were oosainea ny
perjury on the part ot the officers
applying for them and should never
have been issued
O'Connor also prepared yesterday,
and will file, a writ of prohibition to
restrain Judge Deasy from issuing any
more search warrants. and to prevent
the officers from serving those that
have already been issued. 1t is evil
dent that the proprietors of the In
corporated clubs intend to fight for
their existence.
Captain of Detectives Mooney said
yesterday that he had washed his hands
of the gambling scandal.
Il have demonstrated effectually,"
he said that the gambling clubs can
he closed and kept closed by contfnu-
Gus raids. with or without search war
rants. But / do not think it is the
duty of the detective bureau to look
after gambling. 1t is the duty OF the
captains of police. If they don't do
It. 1t is no lookout of mine I have
done my part; now let them do theirs.
HE PROMOTED DETECTIVE
Captain Mooney expressed great in
dignation at the statement made by
a contemporary udlly lHdl DSNcCtlNO
Frank Mcconnell had been promoted by
Chief White to the position of detective
sergeant at the suggestion of outsiders.
"I appointed Mcconnell myself" he
said ''and 7 take all responsibility for
the appointment. Chief White did not
even speak to me about it, / don't
know and don't care whether any out
slider went to White and recommended
the appointment or not. / appointed
Mcconnell and l did it because of his
former work.
IT wanted a man who knew the
bunko game and the bunko men. and
Mcconnell is the best man I know for
the work 1 don't care anything about
his past record. But l don't like to
see the chief treated unfairly and
blamed for something that I did my
self. I am running this detective bu-
reau and I am running 1t strictly on
business basis. Nobody but myself is
responsible for any appointments in it.
and no outsider is going to have any
thing to say about il. 1 am always
willing to accept suggestions from
citizens but I intend to act on my own
judgment"