Show f LEGAL BAN ON SLOT MACH MACHINES Judge Armstrong Rules They Are Gambling Devices Under the Law L Li LiPITT w PITT WILL TAKE ACTION MACHINES TO 10 BE CONFISCATED OR CLOSED TODAY and That slot In cigar stores devices was other places are re gambling the thc ruling handed hande hand down by b Judge George GeorgeG G Armstrong Tuesday morning The case was one against Frank Altree proprietor of ot a n cigar clear store on South Main street It was a II test case on hn be slot machine question and as the result of the tIlt deci decision don sion all of the slot machines will probably probably today toda oy by b bythe oythe confiscated ably be b closed or the thC police department Two years rears ago the slot machine ques question question question arrests were tion came up Ut Ul and several severs made male Judge ludge Diehl decided that slot ma nut machines m l chines which paid Wid cigars as premiums gambling devices For Fo a time the the closed but on slot machines machine were announcement of Judge Tude Jud c Diehls decision n run running running running they the were reopened and have been ning ever eer since Not satisfied with the decision of Judge Diehl Diehi action was brought by b the Judge Whitakers court a year ear ago aso Mark Beattie was w ls arrested tried and convicted in Judge Whitakers court An appeal was aa taken to the district courts and it was discovered a few ew weeks ago that the cas ease case was brought against Mark Bates In Instead instead instead stead of Mark Beattie As a result the appeal and find the case were dismissed and anda the one a new case caR tried The case was against Frank Altree AUree Altree Uree was ar arrested arrested rested on Nov Ko 23 2 last and by b agreement agre ment of Dt City Prosecutor E A Rogers for the city Ity and the attorneys for the defense the evidence was stipulated being the Beattle Beattie same seine as that presented against Judge Whitaker found fO the th defendant t Im I Im I guilty ii il as is charged i ed and the case was Immediately ni mediately Arguments In the case were heard rd by b Judge Armstrong lost last Friday Frida who took the case ease and yesterday without commenting on his decision found the defendant guilty Time r sentence was fixed at 10 this morning Pitt to Take Action J JIn In finding the defendant guilty Judge Armstrong upholds the lower court and ancl andrules andrules rules that a slot machine is a gambling device Under this ruling Tom Toni D Pitt PUt who Is still sUU chief of police said that he would close or confiscate all aU of the slot machines In the city This action will probably be taken this morning An appeal ap appeal ap appeal peal to the supreme me court will likely be betaken betaken betaken taken and it is possible po that an effort eUort will be made maae m ae to operate the slot shot machines until the supreme court decision Is ren rendered rendered rendered dered Eight months ago It was decided by bJ the city attorney that in order to t prove proe the status of or the slot all of oC the pro uro proprietors proprietors or operators of or the machines be arrested for or maintaining gambling devices de devices vices Each was as required to give gie 3 Z ball bail balland balland bailand and the ball bail was to be forfeited Judge Diehl DiehI however having previously held that slot machines were not gambling de devices devices vices alces declined to declare the ball bail for forfeited forfeited and ane about remains in the safe sale at the police station This consists of ball bail posted by b slot machine proprietors with the desk sergeant Now ow that the machines s have hae been pronounced gambling devices by b the district court It is possible possible ble that the money will be refunded by the Ule police department and all slot machines put out of business The monthly fine which is In the nature of ot a tax is In view of Judge Armstrongs ruling un mi undoubtedly undoubtedly illegal S |