Tombstone epitaph., 1919-01-12
GAMBLING LAW INTERPRETATION

the people at the general election in November is one of the most drastic the interpretation given it by County Attorney R. \. French. in an opinion issued at the request of Sheriff James Mcdonald. The new law pro- hibi:s any and all kinas of game and covers gambling of every character. e:en to the playing of game of cards in the home for a prize of any sort. Mir. French's opinion. covering the law follows:
 Tombstone. Ariz. Jan. 9, 1919. To James F Mcdonald.
 Sheriff of the County of Cochise.
 State of Arizona:
 Dear Sir:
 In response to your inquiry as to the status of the Gaming Laws of the State Of Arizona" and what constitutes ;he violation of same, l am of the opinion:
 Tha; the Gaming Laws of Arizona. as amended by House Bill No. 5i, Chapter 7l, of the regular session. Third Legislature, State of Arizona. 1917. and referred to the people by initiative petition. and voted on at the General Election. November ,. 1918, receiving a majority of the votes cas, therefor. and became a law by proclamation of the governor. Decem- Der ,, 1918. is iron-clad, and is intend et 70 cover the entire subject of gaming as used in criminal law.
 Gaming" which is substantially the same meaning as gambling" has been defined to be contract by which they agree to play by certain rules, at cards, dice, or other contrivance, and that one shall be loser and the other winner (2l Bouvier L. Dist Quoted in Ans ley vs State. 3S Ark. 67. 6s, 3s Am. Rep. 2S People vs. Todd. 51 Hun (N. Y, i46, 452, x. Y. Suppl 25: Peo- De vs Fuert. 13 Misc. (N. YD 304, 3cs. 34 N. Y Suppl. 1115; State ys. Lark. Ohio s & C. Pl Dec 241, PAP, , Ohio N P. 155. and see Boyce vs. ODell. Commission Go. 1G9 Fed. 75S.
 Another definition of gaming" " and which has been quoted more ire quently perhaps than any other is ITO play al any sport, especially to play for money or any other stake"
 What constitutes gaming" has been defined as any sport or amusement. public or private. It includes physical tests. whether of man or beast, when prac,iced for the purpose of diversion or for the purpose of deciding wagers. as well as games of hazard or skill by means of installations or devices. such as playing for chips, checks. counters or notes. Playing for checks. chips or counters. where such playing is understood by the parties to represent value by virtue of which the winner can obtain value whether they are col ,ectable by law or not.
 Playing for drinks. cigars, liquors. CT other refreshments. CT for the fees for the use of the table. alley or ap- paratus. on which, or with which, the game is played is gaming See Cyclo- pedia of Law and Procedure, Volume 20, page sss.
 The fact that house is clubhouse, and its use. and the game therein Him. tied 10 the subscribers and members of the club and that it is not open tc all persons who may desire to use same, will not keep it from being a gaming house. See Commonwealth vs. Blankinship. 42 N. F. 115 and case cited"
 Onenses against the gaming laws created by Statutes are of that class where knowledge or guilty intent is not an essential ingredient, and need not be proved.
 For the benefit of both you and your deputies in this county. and inasmuch as the above mentioned amendment has not yet been published, will set out the amendment above referred to in full:
 (On Onicial Ballot Nos. 302 and 303)
 Chapter 71 (House Bill No. SD An Ac: to Amend Sections 31s. 320,
 s21, s22 and BPS, Chapter x. Title