Einzig v. Board of Police Commissioners

ARCHBALD, J., pro tem. The sole question involved in this proceeding is: Did respondent board act in excess of its jurisdiction in revoking permits theretofore issued to petitioners authorizing them to conduct the game called “Tango” or “Skill Ball”? The authority of the board to revoke permits issued under the ordinance authorizing them is not questioned, “if said board becomes satisfied that the conduct of such games does not or will not comport with the public welfare for any reason, or that the same has been conducted in an illegal, improper or disorderly manner . . . [or] where the proprietor or person or persons in charge thereof violates or permits any infraction of . . . any law of the State of California, or any ordinance of the City of Los Angeles”.

It is the contention of petitioners that there is no support in the evidence for the finding made by the board that the game is “in violation of section 319 and section 330 of the Penal Code”. If there is no such support in the evidence the decision of the board is subject to review. Otherwise not.

The evidence shows that the game in question is one played by a group of persons. Before each game begins the attendant announces what the prize is to be, “whether it was two, three or four dollars in merchandise”, and some announced that “the next game will be a five dollar game” or “a ten dollar game” or “a fifteen dollar game”. Those desiring to participate would then seat themselves around a counter on the opposite side of which, about four feet from the outer edge thereof, were several boxes so spaced that each player would be adjacent to some one of them. Such boxes were “square”, “with glass sides”, and had “seventy-five compartments” in the bottom thereof, in five rows, numbered from 1 to 15 in the first, 16 to 30 in the second, etc. An attendant then passes around on the opposite side from the players and gives to each player one or more cards, for which he collects ten cents each. Each player is then given a ball, called a “skill ball”. An attendant then “starts around” with what is called a “game ball” of a different color, and each player in turn tosses such ball into the box adjacent to him. When the ball settles in one of the seventy-five compartments the number thereof is indi[666]cated on a “chart” which is visible to all players, and each of the players having such number so displayed on Ms card or cards places a marker over such number thereon. Bach card has twenty-five small squares, in five vertical columns of five squares each, each square, with the exception of the center one, being numbered. Such center square is marked “free”. The squares in the first column contain numbers ranging from 1 to 15, the second from 16 to 30, the third from 31 to 45, the fourth, 46 to 60, and the fifth, 61 to 75, and each card has an arrangement of such numbers different from every other card. The game ends when some player secures a straight line of markers across his card, either laterally, diagonally or vertically, or four markers in any line of which the “free” square is the center.. Such player receives the prize. The skill ball is used by a player at any time he deems appropriate, and the number of the compartment into which such ball finally falls is marked on such player’s card only, if his card has such number on it. A rubber ball is used, and “as a rule it would bounce around and finally settle down into a hole”. If more than one completes a line at the same time the prize is divided between them. The prizes which the witnesses saw distributed were merchandise of some value.