Evening star., 1949-06-24
Slot Machines
Face New Ban in
Judge Morbuy Finds
Weasel Words in Low
leeolizine Devices

legolizing Devices
The legal operation of slot
machines in Prince Georges Coun-
ty. approved in a recent referen-
dunn. has been blocked by a Cir
cult Court ruling that the law
authorizing it is unconstitutional.
An 1l-page opinion handed
down yesterday at Upper Marl-
boro by Judge Charles c. Mar
bury discards special legislation
enacted by the l949 General As
sembly for Prince Georges and
also throws into question the
validity OF slot machine laws In
four other Maryland Counties.
Judge Marbury found title to
the Prince Georges law made
quately described" the subject and
was misleading" as to its con-
tents. He said he would enter a
decree permanently restraining
county commissioners from licens-
ing slot machines.
Other Counties Involved.
Because Of some similarity in
the phraseology OF slot machine
laws elsewhere, the opinion raised
doubts about legislation in
Charles. st. Mary's and Calvert
Counties. all Of which are in the
same judicial circuit as Prince
Georges. and in Anne Arundel
County.
The ruling was being studied
today to determine whether 1t will
be appealed and what should be
done about slot machines already
in operation.
Judge Marbury's ruling came in
a suit filed by slot machine OPP
orator to test only one section of
the law. c. Walter Hendrix, a
resident Of Montgomery County.
sought to upset a provision speci-
flying that licenses could be is
sued only to persons who have
lived in Prince Georges for at
least two years and own property
and vote there.
Judge Marbury did not rule on
Mr.. Hsndrix's question. asserting
the validity question was the
prime issue.
Attorney Studies Appeal.
Walter L. Green. attorney for
Mr.. Hendrix. said he would study
the opinion before deciding
whether to appeal.
Harry w. McNamee. president
of the Board of County Commas
sioners. to whom applicants for
slot machine licenses were TO ap-
ply, said he would have no COM
ment until the board meets
Tuesday. Attorneys for the :oin-
misSioners. in a brief filed Mon
day. had asked that the Aw be
declared invalid should any por-
ton of 1t be stricken. -r ~
Slot machines were 1egaliized
by county voters by a 964-vote
margin IL referendum June 2.
Judge Marbury said use of the
terms "coin-operated mechanical
or electrical amusement devices or
machines" without further de-
scription is misleading" in that
it does not refer to slot machines.
He wrote:
The subject of the law is not
difficult to describe and If the pro-
ponents. in preparing the title
have deliberately used weasel
words which are deceptive in char
acter when this situation is
brought squarely to the attention
of the court for decision, they
cannot complain because the court
in the exercise of its duty under
the constitution is required to
strike down the act"
THE fact that the act was
submitted to the voters for ap-
proval in this situation could not
cure the defect in the title" he
added.
The judge also objected to the
titles omission of a specific
mention Of the repeal of Mary
lands anti-gambling laws as so
far as slot machines and similar
devices are concerned.
THE term amusement devices or
machines is not in itself sufficient
to give notice that the act pro-
posed to legalize gambling" he
declared. In the first place, the
term amusement in ordinary
usage does not connot gambling or
wagering"
Holds Title Misleading.
Noting that it had been argued
that newspaper stories and adver-
tisements carried adequate in
formation" as to the nature OF the
law. Judge Marbury held this still
could not crafty the constitu-
tional requirement"
Indeed. the title of this act is
so misleading that even II a person
received adequate information
otherwise on reading the title as
1t appeared on the journals of the
houses Of the General Assembly
or on the referendum ballot, he
would likely be misled into dis
believing what he had already
learned about It," the Judge said.
Section 20 Of the Maryland Con-
stitution provides that every law
enacted by the General Assembly
shall embrace but one subject and
that shall be described In its
title" he explained.
83 u, :. EmuIoves Fired