sum not less than $500 nor more than $1,000, or be imprisoned not less than one year nor more than two years, or both, at the discretion of the court. And if the owner of any room, building, arbor, booth, shed, or tenement, canal boat, or other water craft shall know that any gaming table, gambling apparatus, or establishment is kept or used in such room, building, arbor, booth, shed, or tenement, canal boat, or other water craft for gambling, winning, betting, or gaining money or other property, and shall not forthwith cause complaint to be made against the person so keeping any such room, building, arbor, booth, shed, or tenement, canal boat, or other water craft, he shall be taken, held, and considered to have knowingly permitted the same to be used and occupied for gambling. [SEC. 6. COмmon gambler.-—If any person within the Canal Zone, Isthmus of Panama, shall keep or exhibit any gaming table, establishment, device, or apparatus to win or gain money or other property of value, or shall aid, or assist, or permit others to do the same, or if any person shall engage in gambling for a livelihood, or shall be without any fixed residence, and in the habit or practice of gambling, he shall be deemed and taken to be a common gambler, and shall be imprisoned not less than one nor more than six months and be fined in any sum not exceeding $1,000. [SEC. 7. The court shall have authority to commit the party or parties found guilty of violating any provision or provisions of this act in default of payment of any fine or costs imposed therefor, and any person so committed shall be allowed a credit on said fine or costs of $1 for each day of actual imprisonment inflicted on him, Provided, That in the event of a sentence to imprisonment in addition to a fine, the time allowance herein provided shall not commence or be counted until the expiration of the time of imprisonment fixed and inflicted as a punishment for the offense. [SEC. 8. RECOVERY OF PROPERTY OR VALUE.-Any person or persons who shall lose any property or money in a gambling house or other place at either cards or by means of any other gambling device, or game or device of any kind, such person, the wife, or guardian of such person, his heirs, legal representatives or creditors, shall have the right to recover the money or amount thereof, or the property or the value thereof, in a civil action, and may sue each or all persons participating in the game, and may join the keeper of the gambling establishment 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 $1,000 or by imprisonment in jail not exceeding one year, or both such fine and imprisonment. SUPPRESSION OF LOTTERIES IN THE CANAL ZONE FEBRUARY 17, 1932.-Referred to the House Claendar and ordered to be printed Mr. LEA, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 7499] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7499) 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. A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted. The following amendments to the bill are recommended: Page 2, line 6, strike out the words "the penitentiary" and substitute "jail"; and strike out the words "five years" and insert the words "one year". Page 2, line 21, strike out the figures "$500" and insert "$1,000"; line 22, strike out the words "the penitentiary" and insert "jail"; and in lines 22 and 23, strike out the words "two years" and insert the words "one year". Page 3, line 16, strike out the figures "$500" and substitute. "$1,000"; lines 16 and 17, strike out the words "the penitentiary" and substitute "jail"; and in line 17, strike out the words "two years" and insert the words "one year". Page 4, line 10, strike out the figures "$500" and substitute "$1,000"; line 10, strike out the words "the penitentiary" and substitute "jail"; line 11, strike out the words "two years" and insert HR-72-1-VOL 1-52 the words "one year"; and in line 12, after the word "second," strike out "and" and substitute "or". This bill, H. R. 7499, 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; of 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 [, 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 [, 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 of them of the price of the ticket, show, or chance therein, or where any ticket may be obtained, or in any way aiding or assisting in the same, or in any wise giving publicity to such lottery or scheme of chance, shall be fined in any sum not exceeding [five hundred dollars] $500, or be imprisoned in the penitentiary not exceeding two years, or both, at the discretion of the court. SEC. 6. Whoever shall cause to be brought within the said Canal Zone, from abroad, for the purpose of disposing of the same, or depositing the same therein, for the purpose of having them disposed of within said Canal Zone, any papers, certificates, or instruments purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, policy-lottery, gift concert, or other enterprise offering prizes dependent upon lot or chance; or shall cause any advertisement of any such lottery, policy-lottery, gift concert, or other enterprise offering prizes dependent upon lot or chance to be brought within the said Canal Zone, or deposited in or circulated in said Canal Zone, shall be punished for the first offense by a fine of not more than [five hundred dollars] $500, or by imprisonment in the penitentiary not more than two years, or both, in the discretion of the court; and for the second or subsequent offenses, by both fine and imprisonment. [SEC. 7. No letter, postal card, or circular concerning any lottery, policylottery, gift concert, or other enterprise offering prizes dependent upon lot or chance, and no list of the drawings at any lottery or similar scheme, and no lottery ticket or part thereof, and no check, draft, bill, money, or money order for the purchase of any ticket, tickets, or part thereof, or of any share or any chance in any such lottery, policy-lottery, gift concert, or similar enterprise shall be carried in the mail or delivered at or through any post office or branch thereof, or by any letter carrier; nor shall any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, policylottery, gift concert, or similar enterprise of any kind offering prizes dependent upon lot or chance, or containing any list of prizes awarded at the drawings of any such lottery or similar enterprise, whether said list is of any part or all of the drawings, be carried in the mail or delivered by any postmaster or letter carrier. Whoever shall knowingly deposit or cause to be deposited, or shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or shall knowingly cause to be delivered by mail anything forbidden to be carried by mail, shall be punished by a fine of not more than five hundred dollars, or be imprisoned for not more than two years, or both such fine and imprisonment. [SEC. 8. No postmaster or other person employed in or otherwise connected with any branch of the department of posts shall act as agent for any lottery, policy-lottery, gift concert, or similar enterprise, or otherwise vend lottery tickets; nor shall he knowingly receive or send any written or printed advertisement, circular, or ticket of any lottery or similar enterprise. Whoever shall violate the provisions of this section shall be punished by a fine of not more than [five hundred dollars], $500, or by imprisonment for not more than two years, or both such fine and imprisonment. [SEC. 9. The circuit courts of the Canal Zone shall have jurisdiction to try and determine charges or violations of this act, and to render judgment and impose sentence according to the provisions of this act. Criminal proceedings against persons charged with any violation of this act shall be conducted in the name of the government of the Canal Zone, and follow, as far as applicable, the existing Code of Criminal Procedure in force in said Canal Zone.] SEC. 10. [Bazaars, church fairs, and charitable entertainments, conducted by religious or charitable organizations] The governor may [be authorized to conduct raffles and gift enterprises] issue a permit for conducting a raffle or gift enterprise [by securing a permit therefor, which said permits are to be issued by the governor] whenever it shall appear to him after proper investigation [it shall appear] that the gross proceeds of said enterprise are to be used for charitable purposes, and [that the articles to be given as prizes in furtherance of said enterprize were acquired by donation and not by purchase] when such permit shall have been issued by the governor the preceding sections of this act shall not apply. The amendments proposed to sections 3, 4, 5, and 6 of Act No. 3 as proposed in sections 1, 2, 3, and 4 of the pending bill consist only in fixing the place of imprisonment imposed. Both sections of the original Isthmian Canal Act merely provide for an imprisonment in case of conviction for violations thereof without stating that the imprisonment shall be in the common jail or in the penitentiary. The amendments proposed provide that the imprisonment shall be in the penitentiary. The amendment is important in view of the distinction now recognized in the laws of the zone between offenses which are punishable by imprisonment in a jail and those by imprisonment in the penitentiary. Sections 7 and 8 of the Act No. 3 of the Isthmian Canal Commission are repealed by section 5 of the pending bill. The reason for repealing those sections of the old law is that their provisions are fully covered by provisions of the laws of the United States defining offenses against the Postal Service, which are to be made applicable to the Canal Zone by a new section numbered 43a of the Penal Code. Section 9 of the old act is repealed by section 5 of the pending bill because it is considered unnecessary, the jurisdiction of the district court of the Canal Zone over these offenses being fixed, and the conduct of prosecutions in the name of the government of the zone being required, by section 5 of the Code of Criminal Procedure. In revising and codifying the laws of the Canal Zone it is desired to eliminate or to repeal duplications of laws or parts of laws that are fully covered and provided for in other laws subsequently enacted. The amendment proposed to section 10 of Act No. 3 of the Isthmian Canal Commission by section 10 of the bill consists merely in broadening the provisions of the section for the reason that it is sometimes desired to conduct a raffle for the benefit of the family of a deceased |