Evening star., 1936-07-20
PIN BALL GAMES
DEBATED BEFORE
JUSTICE LUHR|NG
Injunction Against Seizure
Urged by Attorneys for
Distributors.
GAMBLING QUESTION
TO BE Determined
35 Afidavits Submitted in Sup
port of Claim Games Are
Tests of Skill.
With an elaborate pin ball machine

With an elaborate pin ball machine
just outside the court room door ready
to be brought in if needed, attorneys
for the Government and for the de-
vices distributors engaged in heated
argument before District Court Justice
Osccr r. Luhring today on whether
they are gambling machines.
The Pioneer Novelty Distributing
Corp. is asking for a preliminary in
junction to prevent police seizing its
$500 pin ball games located through
out the city.
United States Attorney Leslie c.
Garnett agreed to test OF the legality
of the machines in Equity Court rather
than through criminal prosecution.
IS Affidavits Offered.
Attorney William r. Lichtenberg.
who represents the distributor, argued
that preliminary injunction should
be granted even IL the court is not
sure that the machine is a game of
skill, because the distributor will suffer
irreparable injury unless the restraint
is granted.
He proffered 35 affidavits TO support
his claims that pin ball is game of
skill, while Assistant United States
Attorney John ]. Wilson submitted op-
posing aff1davits to prove it is game
of chance. Meanwhile nobody sug-
gested that the machine in the. hall,
which was brought to the court house
by the Government. be brought into
the court room.
Wilson argued that it was not nee
essary for him to show that chance
predominated, but merely that there
was a substantial element Of chance.
Even though an expert might be
able to put the ball into the hole
of his choosing, the average player
cannot do 50 and this brands the ma
chine as a gambling device, Wilson de-
clared.
Proof of Skill Desired.
When Wilson said the injunction
asked would stay the hands Of police
and district attorney in respect to
every pin ball machine in the city,
Justice Luhring remarked that he
hesitated to enjoin the district attor-
ney without some proof that the
machines actually were game OF
skill
ANY one" he said. could come
into court and by merely saying
machine was not a gambling machine,
enjoin the district attorney against
its seizure" he pointed out.
Garnett has instructed police to i'm
pound all pin ball machines which
pay of in any manner. Last Thurs
day, however, Justice Luhring signed
q temporary restraining order, pre-
venting police going forward with the
seizures before the hearing today.
Lichtenberg told the court that there
are $50 different types Of pin ball ma
chimes and it would take several days
to show that each was a game OF skill.
Wilson produced an afhdavit by Po-
liceman Roy Blick, member of the vice
squad, which stated that changes and
adjustments can be made in any par
ticular machine which would destroy
any skill which a player might ac-
quire. In addition. Blick swore, the
locations of the individual machines
are changed frequently. He stated
that the legs are adjustable and often
are changed, altering the tilt Of the
playing board; that the spring In the
plunger frequently is removed and
new one substituted, and that the
pins themselves may be bent.
Iichtenberg stated in his suit that
his concern has more than $4,000
invested and employs about so persons.