The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-02
Through the Grand Jury 1t is
Sought to Put the Lid
/; on Tight.
SLOT MACHINE GAMBLING
As Well as Other Forms is In
structed against by Judge
lanes W. Robinson.

seryance 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 G. Williams as foreman and the
following additional members: John
G. Johnson, Marion Cunningham, o. T.
Davis, Charles s. Elliott, d. II. Cav
trop, o. E. Heldreth, William Hawker,
C. L. Hess, j. L. jenkins, William c.
Hickman, Samuel /. 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-
81 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
htbited 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 a matter of law, 1t 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 Aank or ke-
no table, and is punishable by con-
hnement in the county jail of not less
than two nor more than twelve
months, and fine of not less than
$700.00For more than $1,000. 90.
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 license tax on slot machine,
has the power to permit them to run,
IL they are gambling 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 it is
gaming device or not; but finding 1t
in operation, presumes that 1t 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 a ma
chine is no protection to criminal
prosecution II it should be determined
that the machines are gambling de-
vices. Therefore, the Deputy Tax
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"
Raffles and lotteries are other spe-
cies of gambling. The statute relat-
ing to raffles and lotteries makes it
unlawful for any person to set up or
promote, or be concerned in manag-
ing or drawing lottery or rattle, for
money, or other thing of value. or
knowingly permit any such lottery or
rahle TO be held in any house under
his control, or knowingly permit mo
ey or other property to be rafFleu for
in such house, or to be won therein
by throwing or using dice, or by any
other game of chance, or knowingly
permit the sale in such house of any
chance, or ticket in, or share of 4
ticket in lottery. or any writing. GER
tificate, bill, token or other device
purporting or intending to guarantee
or assure to any person, or entitle
him to prize, or share OF. or inter
est in, prize to be drawn in a lottery
etc. Any one offending against this
statute, upon conviction, shall be con.
fined in jail not more than one wear.
and fined not less than $4,000.
Another species of gambling is the
keeping of pool room. BY poo;
room" is meant any room where any
pool ticket, chance, voucher or certi-
ficate emitting or purporting to emit
tie the holder or promisee thereof. or
any other person to money or othe~
thing of value, contingent upon the
results of any horse race, prize fight,
game of chance, game of skill or
science or other sport or contest. the
information of which result is oh
tanned by telegraph, telephone, wire
less telegraphy, or other electrical de-
vice. The statute also makes it an
offense for any of the above enumer-
ated message bearing concerns to
furnish or transmit information con-
corning the results OF any event men.
toned on the statutes. Any person
found guilty OF violating any Of the
provisions of the statute shall be
fined not less than $500 or more than
$1,000, and may be imprisoned not to
exceed two years.
/ desire to call your attention also
TO the statutes relating to Sunday
observance. Much complaint is be-
ing made in respect to Sunday viola
lions. The complaints have been