The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-03
SLOT MACHINE GAMBLING
As Well as Other Forms is In
StruCted against by Judge
James W. Robinson.
Through the Grand Jury 1t is
Sought to Put the Lid
on Tight.

Especial attention TO the Sunday OBJ
servance laws was given by Judge
James W Robinson in tie course of
his charge to the grand jury Of the
regular June term OF the criminal
court, which began Tuesday morning.
The grand jury was organized with
Perry c. Williams as foreman and the
following additional members: John
{. johnson, Marion Cunningham, O. T.
Davis, Charles S. Elliott, D. H. Cav
trop, o. Z. Heldreth, William Hawker,
c. l.. Hess, J. L. jenkins. William C.
Hickman, Samuel l. Ritter, Francis
NJ. Robinson, P. Clyde Sturm, w. E.
Tetrick and Amos Payne.
After instructing the jurors as to
their duties and explaining the gener-
al laws and procedure that would
likely come within the purview of the
jury's work, Judge Robinson said:
desire to call your attention es-
pecially to certain forms Of gambling
which failed to call your attention
to while dealing orally with that sub
jeCt.
1t is rumored that slot machines
are kept and exhibited in certain bus
mess places in this county. 1t is said
that some of the machines SO kept
and exhibited are not such as come
within the definition of a gambling
device such as is forbidden by the
statute, while on the other hand some
OF the slot machines SO kept and ex-
hibited are said to be gambling de-
vices within the meaning of the stat
ute. 1t is stated that some of the
slot machines, when played upon, pay
checks to the winner, which checks
are payable in merchandise at the
place where the machine is kept and
exhibited
AS matter of law, it matters not
whether the machine, when played,
pays money or checks redeemable in
merchandise, If the chances of win
ming are unequal and in favor of the
keeper and exhibitor, all other things
being equal. such slot machine is a
gambling device of like kind to an
Abe or E-O table, faro hank or ke-
no table, and is punishable by con-
finement in the county Jail of not less
than two nor more than twelve
months, and fine of not less than
100000 or more than 100000.
1t is said that the keepers and ex-
hibitors are licensed by the state TO
keep and exhibit such slot machines.
According to an opinion of former At
torney General, William G. Conley, to
be found on page "A of the Attorney
Generals Biennial Report for the
years 1902 Will be found the fol-
lowing opinion:
II do not understand that the Dep
uty Tax Commissioner, when he COL
lected a license tax on a slot machine,
has the power to permit them to run,
if they are gam bling devices and are
under the prohibition of the law. The
Deputy Tax Commissioner, finding a
machine in operation, does not decide
the question of fact whether il is a
gaming device or not; but finding ii
in operation, presumes that it is oper-
ated legally and therefore is entitled
TO pay license tax. My recollection
of reading the statute is to the effect
that license to operate such ma
chine is no protection to a criminal
prosecution if II should be determined
that the machines are gambling de-
RANCSs lAlC OSPuly dA
Commissioner. by collecting the IL
cense tax does not give the operator
permission TO operate an unlawful
machine. the operator takes the risk
as his license is no protection TO him
from criminal prosecution
Ratfles and lotteries are other spe,
cies of gambling. The statute relat.
ing TO raffles and lotteries makes il
unlawful for any person to set up OF
promote. or be concerned in manag.
ing or drawing lottery or rattle, fol-
money, or other thing OF value, OF
knowingly permit any such lottery OF
rattle to be held in any house under
his control. or knowingly permit mo
ey or other property to be raffleu fol-
in such house. or TO be won therein
by throwing or using dice, or by any
other game of chance. or knowingly