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Coin
Machine
Review
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J U L Y, 194 3
The COIN MACHINE REVIEW for July, 1943, Vol. II, No. J. Published monthly at 1115 Venice Blvd., Los Angeles 15, Calif. Fitzroy 8269. Paul W. Blackford,
editor and publisher. NEW YORK OFFICE (17): Ralph P. Mulligan, 441 Lexington Ave., Murray Hill 2-5589. CHICAGO OFFICE (I): C. J, Anderson, 35
East Wacker Drive, CENtral 1112. Entered as Second Class Matter July 23, 1936, at the Post Office at Los Angeles, Calif., under the Act of March 3, 1879.
SUBSCRIPTION RATES: $1.00 per year or $2 .00 for 3 years. 25c per copy.
Marble Games Not Gambling Devices
In Momentous California Decision
SAN DIEGO-In a sweeping decision
handed down in the case of I. B. Gayer vs.
Thomas Whelan, District Attorney for San
Diego, the District Court of Appeal, Fourth
Appellate District, held that free-play pin
ball machines are not gambling devices and
are not subject to confiscation by the dis-
trict attorney under California law.
Associated Operators of Los Angeles
County has been vitally interested in this
case and recent arguments on the appeal
here were made by Attorneys Morris La-
vine, Arthur Mohr, Charles Lyon and Swing
and Swing,
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W_ C. Shinn
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W. C. Shinn Passes
CHICAGO-W. C. Shinn, president of
the Chicago Lock Co., passed away at St.
Joseph's Hospital on June 24th at the age
of 73. He had been in ill health for some
little time and for the past several weeks
had been confined to a hospital bed.
Mr. Shinn was very well known in the
Coin Machine Industry for his company
has served the manufacturers, distributors,
jobbers and operators with the famous
Chicago Ace Locks for many, many years.
Surviving him are his widow, Myrtle, one
son, Lyle, and a daughter, Mrs. Lillian
Hawkins, Omaha, Nebraska.
Services were held in Chicago June 27th
with interment following at Acacia Park
Cemetery.
70 Drinks-5c
NEW YORK-Little did a thirsty office
employee know he would turn "bartender"
when he dropped a nickel in a coin·opera-
ted soft drink vendor June 17th. Down
came the cup and the soda gushed down
filling it. He lifted the drink to his lips
but was interrupted by the sound of an·
other drink gurgling into a cup.
Then in rapid succession approximately
70 drinks spurted into cups in orderly
fashion, and the dazed drinker treated the
office after a frantic session of "bartend-
ing."
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REVIEW SERVICE
FLAG
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B. K. ANDERSON
HARRY BORTNICK
DOROTHY M. FROST
HARRY HOLDSWORTH
LOUIS KARNOFSKY
ROBERT A. LATIMER
H. L. MITCHELL
HERB TRACKMAN
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IF YOUR REVIEW IS LATE
Each month THE REVIEW is mailed
from Los Angeles in what would nor-
mally be ample time to reach you after
the regular publication date. If your
REVIEW is late, it is because of condi-
tions beyond our control. Despite the
fine job the overloaded transportation
systems are doing, all kinds of deliv-
eries in wartime are uncertain. Military
supplies must take precedence over
civilian shipments.
The district attorney of San Diego seized
14 marble tables at Escondido, in San
Diego county. He contended the machines
were lottery and gambling devices and
therefore subject to seizure and destruc-
tion. Claim and delivery was brought on
behalf of Gayer. The trial court ordered
the macliines returned and the district at-
torney appealed, contending that the ma-
chines were gambling and lottery devices
and gave players free plays when they won
and the player could continue to play the
game to the extent of his winnings. This
alone, the district attorney contended, made
the machines gambling devices.
The District Court upheld Lavine's con-
tention that the amusement afforded by a
free game or games, awarded the player for
a high score, does not amount to merchan-
dise, money, representatives or articles of
value, checks or tokens redeemable in or
exchangeable for money or other things of
value, and that a free game is neither mer-
chandise nor money nor checks nor tokens
redeemable in or exchangeable for any
other thing of value.
Commenting on the Decision, Curley
Robinson, Managing Director of Associated
Operators of Los Angeles County, said:
"It is the opinion of well informed attor-
neys and myself that this is one of the finest
decisions that has ever been handed down,
particularly from the Appellate Court, con-
cerning our business. I think proper pub-
licity should be given this decision so that
the industry as a whole is aware of it and
can cite same if and when occasion arises.
"This entire San Diego Free Play case
involved considerable time, effort and ex-
pense and shows what unification of forces
can do when proper cooperation is given.
I think our Industry has something that
it can be most proud of in this decision
which has many ramifications that can be
used by the entire industry. Naturally, we
are very proud of our achievement and
feel that through our efforts something has
been accomplished that will stabilize our
industry and give it a more solid founda-
tion, We are proud of the work done by
our attorney, Arthur Mohr, whose untiring
and ceaseless efforts, coupled with those of
mine and others, has finally borne fruit."
THE REVIEW HAS NEVER MISSED AN ISSUE IN THE PAST TEN YEARS!!
NO OTHER COIN MACHINE MONTHLY CAN MAKE THAT STATEMENT!!
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