Evening star., 1949-06-25
0fficiiaIsPonder
Moveson Slot
Machine RuIinq
McNumee Doubts
County Will Appeal
Bon of Licenses

- olAI261o III IA nlCC SCOl &c
County marked time today fo
possible developments in the wax
of a court ruling which forbid
the licensing of slot machines fol
cash payoffs.
Judge Charles c. Marbury's de.
cision that the new law is uncon.
stitutional was discussed through
out the county, but there was NJ
indication whether the case woulc
be carried to the Maryland Cour1
of Appeals in an effort to obtair
q reversal.
County Police Chief Ralph w
Brown, meanwhile, ordered mem.
bers Of the force to keep a clost
watch for under the counter
payoffs for hits" on the devices
The machines are operated "fol
amusement only" but proprietor.
of some establishments secretly
have been paying OF in cash.
Liable to Arrest.
Chief Brown said persons wht
pay-oh In cash not only are liable
to arrest but the machines may
be confiscated.
In q decision released Late
Thursday, Judge Marbury helc
the slot machine statute to be in.
valid because its title inadequately
described subjects covered by the
legislation, and because the title
was misleading. Under the Law
enacted this year by the Genera
Assembly, the county held a ref.
erendum June 2 and the voters
approved legaliZed payoffs.
Harry w. McNamee. president
of the Board of County Commis.
sioners. expressed the persona
opinion" that the county woulc
not appeal from the ruling. He
emphasized, however, that he
could not speak for the commits.
sioners as a body.
The commissioners were named
defendants in a suit brought by
c. Walter Hendrix. O Montgomery
County resident. to test the legal
ity of a section Of the law. 1t was
this proceeding which produced
Judge Marbury's ruling on the en-
tire law. Mr.. Hendrix sought to
establish his right to operate slot
machines, although the law speci-
fies no licenses could be issued to
county nonresidentS.
Ruling May Be Tested.
A county resident yesterday
made a move, however, which laic
the groundwork for q test OF the
ruling. Hal Bell, slot-machint
operator, requested a license from
the Office of the clerk to the county
commissioners.
With his attorney, George Nc.
Leish, Mr.. Bell attempted to file
the affidavit required by the new
law and offered a check for $1,000
for the license fee. Mr.. Bell wa!
informed that the license, on or.
ders Of the county commissioners
could not be issued.
Mr.. McLeish said he and his
client would appear at the COM
missioners' regular meeting Tues
day and might go into court or
the matter.
Hendrix Gratified.
Walter L. Green, attorney
for MIR. Hendrix, said his client
was "gratified by Judge Marbury's
ruling. since he can continue to
operate his business ~as in the
past" The attorney added that
Mr.. Hendrix would have liked to
seen the law sustained. except
for the provision which would
have made him ineligible for a
license.
Nevertheless said Mr.. Green,
1--WE think this is an excellent
opinion. It gives everybody a fair
chance on an equal basis"
Mr.. Green said MIR. Hendrix
operates pin ball and music ma
chimes on a non-payof basis at
a number of locations in Prince
Georges. The attorney added
that no decision had been reached
whether the plaintiff would ap-
peal the Circuit Court ruling.
Says Board May Conform.
r. Hammond Welsh, a member
of the Board Of Commissioners.
said he had absolute confidence
in Judge Marbury's decision and
said the board might take "ap-
propriate action" to conform with
a decree soon to be entered by
the court. Mr.. Welsh is strongly
opposed to the operation of slot
I'm opposed to anything that's
in violation of the law and will
try to help clean it up," he COM
unfortunately, when
slot machines don't pay off in
cash, the customers seem to be
paid of behind counters or some
where else"
County school authorities. who
were to have received all revenues
collected from licensing the ma
chimes, disclosed they hadn't been
counting chickens before they
were Matched" If the money
had come in. they explained, 1t
would have been used partly to
employ new clerks and hire teach
ers to relieve elementary school
principals of teaching duties.
The superintendent's office said
the anticipated receipts had not
been figured in the school budget.
County officials estimated that
legalized slot machines might
provide UP to $250.000 annually
for the schools.
Suit May Be Filed.
There has been no legal action
in other Southern Maryland coun-
ties where the machines are legal
but in Charles County-where the
devices were legalized in a ref
erendum Tuesday, leader of the
opponents said a test suit may be
filed.