State v. Joyland Club

1. Gaming ? Nuisance ? Coin-operated machines for gaming may be abated. Under statutes, operation and possession and maintenance of coin-operated slot machine is "gambling" and is public nuisance which can be abated. 2. Gaming ? Hickey Law does not legalize operation of slot machines. The Hickey Law amending the gambling laws so as to permit licensing of card tables and trade stimulators and enumerated "hickey" games does not legalize operation, possession and maintenance of slot machines. - Page 123 3. Gaming ? Purpose of Hickey Law. In enacting the provisions in Hickey Law relating to religious, fraternal or charitable organizations and private homes, the Legislature intended that such organizations and private homes should not be required to pay license fee for privilege of maintaining tables for members playing the "hickey" games enumerated in the law. 4. Gaming ? Unchanged portion of statute not re-enacted. The portions of statute which prohibit running or conducting or keeping of slot machines and which are unchanged by amendatory Hickey Law permitting licensing of card tables and trade stimulators and enumerated "hickey" games would be considered as having been the law from date of first enactment and as having original meaning. 5. Statutes ? Construction of statute. Where either of two constructions is warranted by the words of the amendment of a public act, that construction is to be preferred which best harmonizes the amendment with the general tenor and spirit of the act amended. 6. Statutes ? Legislature presumed to know existence of prior law. At time of passage of amendatory Hickey Law permitting licensing of card tables and trade stimulators and enumerated "hickey" games Legislature would be presumed to have known of existence of prior statute forbidding possession of slot machines and to have employed definite language changing such statute if change therein had been desired. 7. Gaming ? Statute does not authorize use of slot machines. The statutes relating to licensing of slot machines do not authorize any person, including partnerships, corporations, associations, societies and nonprofit organizations, to use, operate, maintain or possess slot machines. 8. Statutes ? Constitutional requirements strictly construed. The constitutional requirement that subject of legislation be clearly expressed in title is strictly construed. 9. Constitutional law ? Duty of court in construing statute. Courts must interpret language of statutes where meaning thereof is not clear. 10. Licenses ? Effect of paying license tax. The payment of a license or a tax upon a business prohibited by statute is no justification for doing the forbidden act. 11. Nuisance ? County attorney must abate nuisances. Where proper and legal grounds therefor exist, county attorney must commence actions to abate public nuisances under statutes banning gambling or under the abatement law. 12. Nuisance ? Destruction of slot machines required. A decree abating as nuisance the premises on which seized slot machines were being operated should direct destruction and not sale of machines.