Law Related

 

  

Law Related Keynote Dates:

 

  • 1938 – Pinballs go to the Washington State Supreme Court w/ People v. Gavenhorst
  • 1941 – Mayor LaGuardia Destroys New York Pins (was still occurring in 1949)
  • 1943 – Philadelphia Supreme Court outlaws multi-coin pinballs
  • 1951 – The Johnson Act                                   
  • 1954 – The IRS Imposes  Tax Restrictions on pinballs that sounds the Death Nell for these machines
  • 1957 – The Korpran Decision
  • 1962 – The Gambling Devices Act (U.S. Department of Justice)
  • 1962 – A Roman Catholicism Perspective
  • 1964 – United States v. One Bally "Barrel-O-Fun Coin-Op Gambling Device," Brozzetti v. Rogers,
  • 1966 – The Journal of Criminal Law, Criminality, and Police Science
  • 1969 – Washington State Senators clarify state law
  • 1979 – The FBI’s Involved
  • 1995 – Hawaii’s Supreme Court directs that “flipperless pinballs” are gambling devices
  • 1999 – Halifax, Nova Scotia uses “suspect” 25-hole pay-off odds to help evaluate VLTs
  • 2000 – California Supreme Court ruling involving Bingos
  • 2006 – Australian Internet Invokes the Law

 

 

The states with well recorded Law: (attached documents below)

 

  • Alaska
  • Arkansas
  • California

 

o        Sacramento: 1951-1953 Frank L. and Mary Goirdzno

o       Sacramento: 1951-1954 Mike & Rose Paganucci

o        Sacramento: 1951-1954 Victor & Tomasina Paganucci

o       The State of California: 1951-1953 Salvatore J. & Frances Campagna

o       The State of California: 1951-1953 Dwight F. & Nell M. Towne

o       The State of California: 1951-1953 Alfred G. and Julia E. Edelmann

o       The State of California: 1951-1953 Dick Jay and Beulah E. Harrison

o       The State of California: 1951-1953 Mathew G. & Sophie Janes

o       The State of California: 1951-1954 Joe and Dorothy Tessler

o       The State of California: 1951-1954 Quinton Lain

o       The State of California: 1951-1955 Plaintiff’s Attorneys: Berg & Guntner Fleharty (200 Bingos)

o       The State of California: 1951-1955 Plantiff’s Attorney Archibald M. Mull, Jr. (Tax Code 18594)

o       The State of California: 1951-1955 Marion/Victoria. John, Lu M. John, & Ed and Xatheryn Lee

o       The State of California: 1951-1955 William J. and Grace M. Schnackel

o       The State of California: 1952-1954 Alexander F. & Josephine Zaboski

o       The State of California: 1952-1955 Melvin R. & Reve L. Bond

o       The State of California: 1953-1956 Michael & Nelly Gombs

o       The State of California: 1956 Irving and Sylvia Goldslatt

 

·        Check out the name of the attorney for the appellants in most of these cases

 

  • New Jersey
  • New York
  • Philadelphia
  • South Dakota

 

o       Hutchinson County: 1975 Jay Tapken State Attorney

 

  • Texas
  • Washington

 

o       1969 – The Honorable Joel M. Pritchard & the Honorable R. Ted Bottiger

 

LaGuardia:

 

Pinball took a break during World War II, with very few games produced. The ones that were produced were simply conversions of existing games, merely re-themed existing games, usually in a war theme. However, during this time was a day considered one of the darkest in the history of pinball. New York City had decided that pinball, being a game of chance instead of a game of skill, decided to ban it as a method of gambling and on January 21, 1942, New York’s City Council banned pinball machines. The Mayor at the time, Fiorello H. LaGuardia "celebrated" this ban by smashing huge numbers of machines in front of crowds gathered at the East River. Playing to the cameras, he first had the steel balls removed so they could be recycled for the war effort prior to dumping the tables into the river.

 

[From the MUG] Some of the early pinball games gave out winnings which made it a form of gambling and was therefore said to be unhealthy for kids. LaGuardia considered pinball machines a tool of the mob and started working in 1941 to get them outlawed. To show how anti-pinball he was, he was often displayed in public personally taking a sledgehammer to the pins. In all, LaGuardia's campaign destroyed an estimated 11,000 machines.

 

 

NYC Police Commissioner William O’Brien is shown here smashing a pinball machine in a 1949 photo.

 

 

 

Someone has photos of LaGuardia in action somewhere, here is a reference to a Dave & Bob from The Mom’n’Pop Coin Shop. “In 1941 there was a moral backlash against the pinball industry. In one highly publicized incident the then-mayor of New York, Mayor LaGuardia, put thousands of confiscated games on a barge, smashed them, and dumped them all in the East River. This was a black day in the memories of pinball machine hobbyists. Dave and Bob have a picture showing Mayor LaGuardia on a barge taking a sledgehammer to those beautiful games, and they say that the picture touches a painful chord in every collector’s heart. The mayor destroyed a lot of wonderful machines and sent a lot of beautiful artwork to the bottom of the river. He probably thought he was doing the work of the Lord, but the wanton destruction of such beautiful and irreplaceable objects was the work of a Philistine in the opinion of most collectors.”

 

Here’s a clip of LaGuardia getting busy on a pile of slots:

 

http://www.gettyimages.com/search/detail.aspx?id=2018-703&esource=feed_google_video

 

 

The Johnson Act:

 

Dark clouds formed on the horizon in 1951 when The Johnson Act was passed by Congress. The Act prohibited interstate shipment of gambling devices except to those states where they were legal, and this left only Nevada and some townships in Eastern Maryland on the map. The Johnson Act did not only refer to slot machines but to other gambling machines like payout pinball games as well. The prohibition sent shockwaves through the industry. Bally Manufacturing as the most diversified coin machine maker weathered the storm best. In 1963, Bally introduced the first truly new slot machine since the Liberty Bell.17 Bally's new Money Honey revolutionized the payout system through the "bottomless" payout reserve, known as the hopper mechanism. This motor- operated payout mechanism vastly enlarged the coin capacity of a slot machine to 3,000 dimes (10 cents) or a similar or lesser number for other denominations depending on coin size; coins could be paid out at a rate of six coins per second.18 The days of limited-capacity coin tubes and hand-paid jackpots of 50, 100, and 200 coins were over. From now on, wins of up to 500 coins (nickels, dimes, quarters) would be paid automatically rather than by attendant. The ingenious idea of the hopper was a sensor device that constantly "felt" the level of coins in the payout reserve, and it made sure that deposited coins would be diverted into the hopper when the level of coins in the hopper fell below a pre-determined level.19 The hopper mechanism raised the comfort and convenience of slot machine play considerably.


 

 

 

The IRS:

 

A pinball machine which is so equipped that it is especially adapted for gambling purposes is considered to be a coin-operated gaming device per se, and evidence of actual payoffs is not necessary in order to hold applicable thereto the $250 special tax imposed on coin-operated gaming devices by section 4461(2) of the Internal Revenue Code of 1954. Section 4461 of the Internal Revenue Code of 1954 imposes a special tax to be paid by every person who maintains for use or permits the use of, on any place or premises occupied by him, a coin-operated amusement or gaming device. This tax is imposed at the rate of ten dollars a year in the case of a device defined in paragraph (1) of section 4462(a) and $250 a year in the case of a device defined in paragraph (2) of section 4462(a). The definition set forth in paragraph (1) of section 4462(a) of the Code includes any machine which is an amusement machine operated by means of the insertion of a coin, token, or similar object, but not including any device defined in paragraph (2) of this subsection. The definition set forth in paragraph (2) of section 4462(a) of the Code includes any machine which is a so-called `slot' machine which operates by means of the insertion of a coin, token, or similar object and which, by application of the element of chance, may deliver, or entitle a person playing or operating the machine to receive, cash, premiums, merchandise, or tokens.

 

 

 

The Korpan Decision:

 

John F. Davis argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Olney, Beatrice Rosenberg and Robert G. Maysack.Robert A. Sprecher argued the cause for respondent. With him on the brief were Simon Herr and Frank A. Karaba. MR. JUSTICE BLACK delivered the opinion of the Court.

 

The respondent, Walter Korpan, was indicted in a Federal District Court in Illinois for willfully failing to pay the $250 per device tax imposed by 26 U.S.C. (Supp. IV) 4461 on any person who maintains for use any gaming device.

 

For purposes of this tax, 26 U.S.C. (Supp. IV) 4462 (a) defines gaming devices as: "so-called `slot' machines which operate by means of insertion of a coin . .  . and which, by application [354 U.S. 271, 272] of the element of chance,  may deliver, or entitle the person playing . . . the machine to receive cash, premiums, merchandise, or tokens."1 [354 U.S. 271, 273] The evidence at the trial showed that Korpan maintained on his premises a number of coin-operated gambling machines. These machines were played by inserting a coin into the machine through a slot. The player was then able to shoot several balls onto a playing surface which was interspersed with pockets or holes. If he succeeded in getting balls into certain holes he received a varying number of free games. He had the option of either playing the free games or of cashing them in at a designated rate. By inserting extra coins the player could sometimes secure additional balls or increased "odds" (in other words, increase the number of free games he could win). The machines were equipped with electrical devices which over a period of time controlled the number of free games won.

 

 

 

 

You tell me?

 

 

 

From a United ABC:

 

 

 

 

Australian Law:

 

Legislation in Australia prohibits the possession, the sale, exchange or attempted sale, without a license (issued by the governing body for gaming in their home state) of the following: A gaming or an amusement device that is designed for the playing of a game of chance, or a game that is partly a game of chance and partly a game requiring skill.

 

This includes devices capable of the paying out of money or tokens or for registering a right to an amount of money or money's worth to be paid. The legislation extends to and includes any subsidiary equipment or component of a gaming device. Common items that fall within this category include Poker and Bingo Pinball Machines and accordingly these items will not be permitted for sale on AussieROO.

 

For information concerning the definition of a gaming device and license requirements please consult the following organizations:

 

NSW: Department of Gaming and Racing

ACT: ACT Revenue Office

QLD: The Office of Gaming Regulation

SA: The office of the Liquor and Gambling Commissioner

TAS: The Tasmanian Gaming Commission

VIC: The Victorian Casino Gaming Authority

WA: Racing Gaming & Liquor Western Australia

NT: Northern Territory Treasury

 

 

 

The FBI:

 

%Article furgerson79:_b_i_n_g_o_gambl_devic@Article{furgerson79:_b_i_n_g_o_gambl_devic,

 

  author =          "Furgerson, Ronald Mayo",

  title =  "B-I-N-G-O Gambling Devices",

  journal =          "FBI Law Enforcement Bulletin",

  key =              "FBI Law Enforcement Bulletin",

  year =             1979,

  volume =        48,

  number =        4,

  month =          "April",

  pages =          "16--21",

  annote =         "Teach police how to distinguish Bingo machines from regular Pinballs."

 

 

 

Misc Law: (From JonPurpleHaze)

 

I used to go to a pin and pool hall in the 70's that had Bingo Machines in a dark corner of the hall. One day (late 70's) a sheriff  that was up for re-election showed up at the Hall with a bunch of people, including a tv news crew. They were filming the entire sad events and they proceeded to take the Bingo Machines into the parking lot and smashed them up with axes..

 

 

 

Misc Law: (Judge Nealon)

 

A Life of Law 06/28/2005

 

Admired for His Brilliant Legal Mind and Commitment to Justice, Senior Judge William J. Nealon Inspires Many In and Out of the Courtroom. A life of law. Senior U.S. District Judge William J. Nealon has presided over thousands of cases during his 45 years on the bench. Here are is one of his most significant decisions:

In
1964, Judge Nealon made a precedent-setting ruling that pinball machines seized in a raid on a Scranton restaurant were gambling devices. The ruling, the first of its kind, was affirmed by the U.S. 3rd Circuit Court of Appeals, and was the first case of its kind in federal court testing the legality of a machine that used a bingo procedure to award free games.

Judge Nealon found that the so-called “money machines” were “designed so that their play may deliver or entitle the people playing to receive cash or merchandise.”

“The machines were paying off,” Judge Nealon said, recalling the case.

 

 

Misc Law: (From Phil Bogema)

 

Hi Danny,

 

Here's an interesting link you may already have, but I think it is worth bringing to your attention just in case. This was a state of Washington case law opinion on the legality of bingos. Besides going to great detail in describing the games, there are references to other cases in other jurisdictions which may be interesting to pursue as well.

 

http://www.wa.gov/ago/opinions/1969/opinion_1969_009.html

 

By the way, speaking of the law and legal filings, from the late 70's until the mid 80's I worked at Standard and Poor's. I used to read annual reports and other distributions to shareholders of companies I followed all day long. One of them was Bally. Form 10K, filed annually with the Securities and Exchange Commission, was always good entertainment when it came to Bally. I remember reading about how much money they made from selling the bingos, and, if I recall correctly, how many units were sold. This was in the description of the company in the Items at the front of the 10K, not in the financial statements. These documents always referred to the bingos as "in-line" machines. I never saw the company use the word bingo.

 

Regards,

 

Phil Bogema

 

 

 

Misc Law: (From Johnny Henry)

 

Hi Cindy..Pinball machines were a regular habit with me when growing up..I remember a type of pinball machine that had no flippers and worked like a bingo game where by getting five in row you'd win free games. These free games could be used to increase the odds or cashed in for money. If memory serves it cost 5 cents per play. These were illegal in Oklahoma but like liquor by the drink (also illegal in Okla. at the time) people ignored the law..but somewhere along the way the usual crowd of "do-gooders" managed to get rid of them. Are these pinball machines still around anywhere and are they still illegal?.. Enjoyed the site and the memories..Johnny Henry

 

 

 

Misc Law:

 

Underground Video Gambling Industry Costing Maryland More Than $15 million Annually In Uncollected Taxes Research also shows that in Baltimore City and Baltimore County machine operators are underreporting their income by more than $63,000,000 a year

PREPARED BY

Joan Jacobson

PUBLISHED BY

The Abell Foundation

111 S. Calvert Street, Suite 2300

Baltimore, Maryland 21202

www.abell.org

 

While law enforcement remained lax, the gambling machine industry flourished. Pinball machines, first marketed about 1930, were “refined versions of the bagatelle, a Victorian parlor game with steel balls propelled into numbered holes. Bright flashing lights came later with the “advent of electrification.”20 The “bingo” gambling machine was introduced in the 1950s; like its predecessors it was designed as a game to throw off law enforcement. They were “innocent appearing devices, yet designed to relieve gamblers of their money.”21

 

 

 

Misc Law: (From Steve Phillips)

 

Monday's (3/9) Boston Globe had an interesting page 3 article on gambling in Galveston, Texas.  Apparently, Texas' new state-sponsored gambling law has inspired a lot of nostalgia for Galveston's old days as a "city of sin." Anyway, the article had a couple of great accompanying pictures of seized gambling devices.  In one picture, a cop stands poised with an axe to chop up a Bally "Surf-Club" pinball machine seized in a 1957 gambling raid, as a pudgy local official stands around mugging for the cameras.  Another picture shows a pile of gambling pins waiting to be bulldozed into oblivion in 1964.

 

 

 

Related Law Date Details:

 

Reading through the attached papers is fascinating and well worth your time; their literally teaming with pointers to other potential sources of history and detail. For Example: Checkout the footnotes at the bottom of this article by Rufus King:

 


 

 

 

My First Law Related Webpage




Law Related Documents:


california1.pdf

california2.pdf

california3.pdf

california4.pdf

california5.pdf

california6.pdf

california7.pdf

california8.pdf

california9.pdf

california10.pdf

california11.pdf

california12.pdf

california13.pdf

california14.pdf

california15.doc

california16.doc

california17.doc


alaska1.doc

Arkansas1.doc

Arkansas2.doc

Arkansas3.doc

hawaii1.doc

New Jersey1.doc

New Jersey2.doc

Nova Scotia1.doc

Pennsylvania1.doc

South Dakota1.doc

Washington1.doc

Washington2.doc

Washington3.doc

WashingtonDC.doc

westvirginia1.pdf

westvirginia2.doc

wisconsin1.pdf

 

1930s and 1940s lawyer.doc

1956 new york.doc

1962 Gambling Device Act.doc

A bust at Chuck 2006.doc

irs.doc

John Tuohy.doc

Johnson Act Story.doc

Korpan Decision.doc

Christian Morality.doc

The Johnson Act.doc

 


 

 This page last update 02-19-2008