Evening star., 1949-07-17
Dispute |mperi|s
GanningRevenue
In ST. Mdrys
Denial of Permit Seen
Busis for InvuIidution
Of Slot Machine Law
By J. l. Michoel

Specol Correspondents OF The Sfor
LEONARDTOWN, Md, July 16.
The st. Mary's County Commits
sioners are attempting to decide
whether to modify slot machine
licensing regulations or incur pos
sible court action which might re-
suit in the loss of 100000 in an
nual revenue.
The question arose after the
commissioners twice rejected ap-
plications for slot machine licenses
by attorneys for a group of Bal
timore residents who bought two
taverns at Lexington Park about
three months ago.
The actions were taken on the
ground that slot machine regula-
tions require applicants for licen-
ses to be residents, registered vot-
ers or real estate owners for two
years in the county.
Another regulation provides that
no out-of f-county person, firm or
corporation may share directly or
indirectly in the proceeds of slot
machines licensed in the county.
Residents Application Rejected.
On the basis of a $50 license fee
for each machine and 512 per cent
of the gross receipts. the devices
brought about 100000 into the
county treasury last year and
the same amount is expected this
year.
After requests for licenses for
the two taverns known as the
Gateway and the Ranch. were re-
jected because of the residence
provisions, a local citizen, it was
learned. filed an application for
the two places claiming he had
leased space for the machines from
the owners.
The commissioners turned down
this application because of the
rule forbidding nonresidents to
share in slot machine proceeds.
The Baltimore residents then
asked the commissioners to
amend the regulations and to
consider an application signed by
a St. Marys County voter who was
listed as an officer of the group.
Their attorneys urged the COM
missioners to change the rules to
conform to the State liquor law,
which provides that license may
be issued to corporation if at
least one officer is a bona fide
resident.
Doubts Requirements Validity.
A decision was postponed to
July 26.
John H. T. Briscoe, attorney to
the Commissioners, has told the
board there is serious doubt" as
to whether residence require
ments are valid. He indicated
he would welcome a court test.
There is a possibility. it was
pointed out. that if an action is
filed, the court may invalidate
the entire slot machine law on
the ground that the title does not
adequately describe the contents
of the bill.
The title is said to be similar
to that of the Prince Georges
County slot machine bill. which
was declared unconstitutional re-
Gently by Circuit Court Judge
Charles C. Marbury in Upper
Marlboro.
Counsel for the tavern owners
contend that if the rules are not
changed, the sale of real estate
in the county will be hampered
because QUITO county prospects
will hesitate to buy business prop
erty If they cannot get slot ma
chine licenses.
Bailey Opposes Any Change.
One of the commissioners.
Frank Bailey, has opposed any
change in the regulations. He
termed the proposal IAN attempt
to let the bars down to every
body"
THE two other commissioners,
Matthew R. Bailey and j. Frank
Raley, have taken no official
stand.
The tavern owners are repre-
sented by Attorneys Paul j.
Bailey. Philip H. Dorsey. Joseph
D. Weiner, w. o. E. Sterling and
Joseph A. Mattingly. all of Leon