City of Seattle v. MacDonald

• Decision Date: 10 October 1907
• Citation: 91 P. 952,47 Wash. 298
• Parties: CITY OF SEATTLE v. MacDONALD.
• Court: Washington Supreme Court

91 P. 952

47 Wash. 298

CITY OF SEATTLE v. MacDONALD.

Supreme Court of Washington

October 10, 1907

Appeal from Superior Court, King County; A. W. Frater, Judge.

Ray MacDonald was convicted by the police judge of the city of Seattle of violating an ordinance against gaming, and appealed to the superior court. From a judgment of the latter court quashing the conviction, the city appeals. Reversed.

Ellis De Bruler, for appellant.

Morris Southard & Shipley, for respondent.

FULLERTON J.

On November 17, 1899, the city of Seattle passed an ordinance relating to misdemeanors, section 10 of which reads as follows: 'Whoever deals, plays at, wagers anything of value on, or in any manner takes part in, or whoever carries on or causes to be opened, or who conducts, sets up, keeps or exhibits any game of faro, monte, roulette, lans-quenette rouge et noir, rondo, poker, draw-poker, keno or E. O. or roulette table or shuffle board, or fantan, or any gaming table or game whatever, for the purpose of gambling or any game of chance for the purpose of winning or securing money by chance, played with cards, dice or any device whatever kind or nature, whether or not of the kind, character or nature herein mentioned, for money, checks, credit or any representative of value whatever, or whoever shall have in his possession to be used for the purpose of gambling or winning money by chance any gaming device whatever, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding six months or by both.' On March 7, 1903, the Legislature made it felony to maintain a gambling resort; the act consisting of one section, which reads as follows: 'Section 1. Any person who shall conduct, carry on, open, or cause to be opened, either as owner, proprietor, employé, or assistant or in any manner whatever, whether for hire or not, any game of faro, monte, roulette, rouge et noir, lans-quenette, rondo, vingt-un (or twenty-one), poker, draw-poker, brag, bluff, thaw, tan, or any banking or other game played with cards, dice or any other device, or any slot machine, or other gambling device, whether the same be played or operated for money, checks, credits, or any other representative or thing of value, in any house, room, shop, or other building whatsoever, boat, booth, garden or other place, where persons resort for the purpose of playing, dealing or operating any such game, machine or device, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than one nor more than three years.' Laws 1903, p. 63, c. 51. On October 17, 1906, one W. I. Peer made complaint before the police judge of...