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in the same action, who shall be jointly and severally liable for any money or property lost in any game or through any gambling device of any kind, and no title shall pass to said property or money by reason of its being lost in any such game or gambling device, and in an action to recover the same no evidence shall be required as to the specific kind or denomination of money, but only as to the amount so lost.
[SEC. 9. Whereas an emergency exists, this act shall be in force and effect on and after its passage.]
Every person who conducts and carries on, or causes to be conducted or carried on, either as owner, agent, or employee, whether for gain or a chance for gain by deducting a percentage either of the profits or of the stake being hazarded, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, tan, fan-tan, studhorse poker, poker, seven-and-a-half, twenty-one, hokey-pokey, or any other game, for money, checks, credit, or other representative of value; and
Every person who has in his possession or under his control, either as owner, agent, employee, or otherwise, or who permits to be placed, maintained, or kept in any room, space, inclosure, or building owned, leased, or occupied by him, or under his management or control, any slot or card machine, contrivance, appliance, or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated or played by placing or depositing therein any coins, checks, slugs, or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which, any merchandise, money, representative or articles of value, checks, or tokens, redeemable in, or exchangeable for, money or any other things of value; and
Every person who has in his possession or under his control, or who permits to be placed, maintained, or kept in any room, space, or inclosure or building owned, leased or occupied by him, or under his control or management, any device or game on which any money or other valuable thing is staked or hazarded, and as a result said money or valuable thing may be won or lost;
Shall upon conviction be punished by a fine of not more than $5,000 or by imprisonment in jail not exceeding one year, or both such fine and imprisonment.
It will be seen that the proposed amendment is somewhat of a departure from the present language of act No. 4. It is believed that the law should be stated in a more concise and brief form, and if so stated it will more satisfactorily cover the requirements of the zone community in respect to gambling.
The text of the proposed amendment as embodied in the pending bill was derived substantially from sections 330 and 303a of the Penal Code of California. The subject of lotteries is provided for in a separate act of the Isthmian Canal Commission which it is proposed to amend by another bill, favorably reported by your committee, H. R. 14064.
This bill has been prepared and recommended by the various authorities charged with the duties of recommending proposed changes in the Canal Zone laws, and has been submitted to and approved by the Secretary of War and the Department of Justice, and its early enactment is recommended by the President.
SUPPRESSION OF LOTTERIES IN THE CANAL ZONE
FEBRUARY 21, 1931.-Referred to the House Calendar and ordered to be printed
Mr. DENISON, from the Committee on Interstate and Foreign Commerce, submitted the following
[To accompany H. R. 14064]
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 14064) to amend Act No. 3 of the Isthmian Canal Commission relating to the suppression of lotteries in the Canal Zone, enacted August 22, 1904, having considered the same, report thereon with a recommendation that it pass.
The bill has the approval of the President and the Secretary of War, as will appear by the letter attached.
This bill is one of a number that have been filed and approved by the Committee on Interstate and Foreign Commerce in pursuance of the act of May 17, 1928, providing for the revision and codification of the laws of the Canal Zone. That act is as follows:
[PUBLIC-NO. 413-70TH CONGRESS]
(H. R. 11475]
AN ACT To revise and codify the laws of the Canal Zone
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and is hereby, authorized to have all of the laws now in force in the Canal Zone revised and codified, and when such revision and codification has been completed to report the same to Congress for its approval.
SEC. 2. In order to carry out the purpose of this act as early as practicable, the President is authorized to employ such persons skilled in the codification of laws as he may deem necessary and to fix their compensation; he may call upon the judge of the district court of the Canal Zone and the district attorney thereof for such assistance as they can render, and the said judge and district attorney are hereby authorized to render such assistance as they can in the performance of such duties. The President is also further authorized to employ such members of the district bar of the Canal Zone and such clerks, stenographers, and other assistants as he may deem necessary for the proper and early completion of such work and to fix their compensation.
SEC. 3. As soon as a proper code of all the laws now in force in the Canal Zone shall have been prepared, the President is authorized to report the same to Con
gress with his recommendation; and the President is further authorized to report with such code such changes in the laws now in force in the Canal Zone as he deems necessary or wise for the proper administration of justice therein and the proper maintenance and operation of the Panama Canal.
SEC. 4. There is hereby authorized to be appropriated, out to any funds in the Treasury not otherwise appropriated, the sum of not more than $25,000 to be used by the President for the payment of salaries of persons employed, for necessary travel and other expenses of such employees, going to and from the Canal Zone, and while in the Canal Zone, engaged in the performance of such duties, and for necessary printing, books, stationery, and other expenditures incidental to the performance of such work.
Approved, May 17, 1928.
The work of preparing a code of laws of the Canal Zone and of recommending needed changes or revisions in the laws thereof has been proceeding continuously since the passage of that act. An experienced codifier was employed by the President and he has been assisted in the work by the judge of the district court of the Canal Zone, the district attorney thereof, and by committees of the bar and of employees and officials appointed by the governor for that purpose. The code of laws has been practically completed and is now awaiting the enactment by Congress of the changes or revisions in the laws that have been found desirable and recommended to Congress. All of these proposed revisions in existing laws of the zone have been given careful consideration by those who prepared them and have been forwarded by the Governor of the Canal Zone to the Secretary of War, who has given them his consideration and approval. They have likewise been submitted to the Department of Justice and, after being approved by that department, they have been forwarded to Congress by the President. The President's message to Congress with the recommended revisions of the laws of the Zone has been printed as House Document 460 of the Seventy-first Congress and referred to the Committee on Interstate and Foreign Commerce. The reasons for each of the proposed changes in the laws are fully set out in that document, and those pertaining to this bill will be found on page 34 thereof.
The laws applicable to the Canal Zone are to be found in numerous Executive orders issued from time to time by the President, which have or were supposed to have the force and effect of law; also in numerous volumes of ordinances enacted by the Isthmian Canal Commission during the period of construction of the canal from 1904 to 1914, and in various acts of Congress that have been passed from time to time since 1904.
A revision and codification of the laws of the Canal Zone has been desired for many years by all parties concerned. It is fundamental that the laws of any State or Territory should be in such form that they can be easily and definitely ascertained by the courts, the bar, the administrative officials, and the people who are governed by them. For that reason Congress passed the act of May 17, 1928, to provide for the revision and codification of the laws of the zone. In the administration of the laws the Canal Zone authorities, and particularly the district judges thereof, have found a number of changes that ought to be made in some of the laws in order to remove doubts that have arisen with reference to their meaning, to repeal such as are obsolete or duplicated by other laws, and to validate such as have been thought to be invalid because of lack of authority in those who enacted them. When the Canal Zone was taken over by treaty from
the Republic of Panama in 1904, the laws of that country with which the inhabitants were familiar were put into effect by proclamation of the President. Since then the old Colombian laws of civil and criminal procedure and the Colombian Criminal Code have been repealed, and such parts of the code of criminal law, the code of criminal procedure, and the code of civil procedure of the State of California as were found to be appropriate for the Canal Zone have been enacted and put into effect in the Canal Zone. It has now been decided that the present code of civil laws of the Canal Zone taken from the old Colombian Civil Code should be repealed and a new code of civil laws enacted; that other provisions of the California Code of Criminal Procedure should be added to the existing law, and that a number of other laws of the zone ought to be repealed or amended. These changes are proposed in other bills now pending and favorably reported by the Committee on Interstate and Foreign Commerce, of which this bill is one.
The code of all the laws of the Canal Zone has been substantially completed and is ready for the inclusion therein of the proposed changes in the laws of the Zone that shall receive the approval of Congress. When Congress and the President shall have approved them, they will be allocated to their proper place in the code and the completed code will then be forwarded by the President to Congress for its approval; when thus presented to Congress, the proposed code will represent a complete codification of all of the then existing laws of the Canal Zone without any new legislation included in it.
This bill, H. R. 14064, is an amendment to act No. 3 of the Isthmian Canal Commission which was enacted on August 17, 1904. That part of the act amended is as follows:
[Matter stricken out inclosed in black brackets and new matter in italic)
SEC. 3. If any person or persons shall establish, set on foot, carry on, promote, make, or draw, publicly or privately, within said Canal Zone [Isthmus of Panama] any lottery, policy-lottery, gift concert, or similar enterprise of any description, by whatever name, style, or title the same may be designated or known; or if any person or persons shall by such ways and means expose, set aside, or offer for sale any house or houses, lands or real estate, or any goods or chattels, cash or written evidences of debt, or certificates of claims, or any thing or things of value or tokens thereof whatever; every person so offending shall be fined in any sum not exceeding [one thousand dollars] $1,000 or imprisonment in the penitentiary not to exceed five years, or both, for the first offense; and for the second or subsequent offense by both fine and imprisonment.
SEC. 4. If any person or persons within said Canal Zone L, Isthmus of Panama] shall vend, sell, barter, or dispose of any lottery ticket, or tickets, order or orders, device or devices, of any kind, for, or representing any number of shares, or any interest in any lottery, or scheme of chance, or shall be concerned in any wise in any lottery or scheme of chance, by acting as owner or agent in said Canal Zone L, Isthmus of Panama] for or on behalf of any lottery or scheme of chance, to be drawn, paid, or carried on, either outside of or within said Canal Zone, every such person shall be fined in any sum not exceeding [five hundred dollars] $500, or [by imprisonment] be imprisoned in the penitentiary not exceeding two years, or both, at the discretion of the court, and for the second or subsequent offense be punished by both fine and imprisonment.
SEC. 5. Whoever shall, by printing, writing, or in any other way publish an account of any lottery or scheme of chance of any kind or description to be carried on, held, or drawn, either outside of or within the said Canal Zone, stating when or where any lottery or scheme of chance by whatever name, style, or title the same may be denominated or known, is to be drawn for the prizes therein or any of them, or any information in relation to said drawing or prizes or any