Las Vegas City Commission Minutes, February 17, 1937 to August 4, 1942, lvc000004-227

OFFICE OF THE CITY CLERK CITY OF LAS VEGAS, CLARK COUNTY NEVADA. NOVEMBER 4th, 1939. Minutes of a regular meeting of the Board of Commissioners of the City of Las V gas held on the 4th day of November 1939 at the hour of seven thirty P.M. Present Mayor Russell, Commissioners Ronnow, Gilbert Corradetti and Krause, City Attorney and Clerk. Minutes of a recessed regular meeting of the Board held on the 26th day of October read and approved as read. On motion of Commissioner Ronnow seconded by Commissioner Gilbert it was moved and carried that warrants Nos. 243 to 253 be allowed and that the Mayor and Clerk be directed to sign the same. Vote Commissioners Corradetti, Gilbert, Krause and Ronnow voting aye. Mayor Russell voting aye to the paying of the above numbered warrants except No. 252 on which he vote no the the pay­ment of same. The American Legion at t is time make application for permit to operate without license a theatrical feature at the War Memorial Bldg; for the period November 16th to November 30th. On motion of Commissioner Ronnow seconded by Commissioner Gilbert it was moved and carried that permit be granted to the American Legion to operate a theatrical feature at the War Memorial Building November 16th to 30th and to operate same without license as provided in the City harter of the City of Las Vegas. Vote Commissioners Corradetti, Gilbert, Krause and Ronnow and His Honor the Mayor voting aye Noes, none. The business of granting "Race Horse Keno" or Race Horse Parley" games in the City of Las Vegas was considered at this time and on motion of Commissioner Ronnow seconded by Commissioner Gilbert it was moved and carried that the Las Vegas Club and the Northern Club each be granted licenses for the above named games. Applications being on file with the Clerk and money in the sum of $166.67 each covering a pro rated license for the last two months of this quarter year. Vote Commissioners Corradetti, Gilbert, Krause and Ronnow voting aye. Mayor Russell voting NO. Mayor Russell informed the Board that the reason he voted no on the granting of the licenses as he felt the a licenses applied for were for games not held as legal owing to the following rules given him, in writing from the District Attorney Roland Wiley: Las Vegas, Nevada, November 2nd, 1939. Honl John Russell, Mayor City of Las Vegas Harold Morse, Attorney at Law Las Vegas, Nevada. Gentlemen; Pursuant to your question concerning whether or not the game commonly known as "80 Ball Keno" and also the game designated as "Race Horse Parly" constitute a lottery under the Constitution and laws of the state of Nevada, I wish to cite you to a decision rendered on the 19th day of March 1932, by the Hon. Wm. E. Orr, now Justice of the Supreme Court of the State of Nevada, and then Judge of the Eighth Judicial District Court in and for the County of Clark. The Minute order of this decision, a copy of which is annexed hereto, may be found in Look II, page 126, of the minutes of the Eighth Judicial District Court, in and for the County of Clark. In this case, Judge Orr sustained a Demurrer to the petition for Writ of Mandamus, upon the ground "the game was described in the petition is a lottery and not authorized by the constitution and laws of the State of Nevada." It will be noted the game described in the petition as "80Ball Keno" is substantially the same as the game in the application designated and called "Race Horse Parley". In "80 Ball Keno" the game is played with cards having 80 numbers, whereas in "Race Horse Parley" the game is played identi­cally the same, excepting the names of 80 horses are substituted for numbers. After reviewing a number of authorities cited in the able briefs of counsel in that case, and bear­ing mind the decision of the Court, I am of the opinion that "80 Bell Keno" and Race Horse Parley" are lotteries and prohibited by Section 75, Article 4, of the Constitution of the State of Nevada, which reads as follows: "No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed" and as defined in Section 10176 of the Nevada Complied Laws of 1929, which reads as follows: "A lottery is any scheme for the disposal of distribution of property, by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or any interest in such property, upon any agreement, understanding, or expectation what it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle or gift enterprise, or by whatever name the same may be known." In view of this fact, it would be my duty, and I would not hesitate, to issue a criminal Complaint against anyone operating in Clark County the games heretofore described, or any other game pro­hibited by the Constitution and laws of the State. I wish to point out that in giving this opinion, I am in no way influenced by matters of policy I have been requested for an opinion by each of you gentlemen and I feel it my duty to do so at the earliest date possible. Sincerely Yours, Roland H. Wiley. Las Vegas, Nevada, March 19, 1932. At a regular session of the District Court of the Eighth Judicial District of the State of Nevada, in and for the County of Clark, held pursuant to adjournment, Court Called to Order by the Sheriff. Present Hon. Wm. E. Orr, District Judge, and officers of the Court. Mayme Stocker Plaintiff