97 So. 595 | La. | 1923
Plaintiffs sought from the court below a writ of injunction to restrain the superintendent of police of the city of New Orleans from interfering with them in the operation at the Spanish Port Park in said city a game called* “Gotem.” The said game and its operation were described in the petition as follows:
“There are four boards, identical in size, design, and all particulars, each containing round holes of identical size approximately one inch in diameter, bearing numbers running from 1 to 75, said holes being arranged in 5 parallel columns, with 15 numbered holes in each column, substantially as shown in the diagram of one of said boards hereto annexed as Exhibit A and made part hereof.”
(2) “That each individual player operates one of said boards at a time, commonly known as the “Gotem” boards, one of the original of which boards will be produced and exhibited to the court on the trial hereof, and which said board is solely and entirely under control of the player, who rolls a small rubber ball slightly less than one inch in diameter into the desired hole bearing the number he wishes to strike; if the player should strike a series of -five numbers, corresponding to the corresponding five numbers on the Gotem cards which the player holds, the said individual player is awarded a prize for his dexterity and skill in so manipulating the ball as to strike the five particular holes.”
(3) “That your petitioners have paid the city license demanded of them for the year 1923 by the city of New Orleans, and the regular state license, and another special state license levied for the benefit of the Charity Hospital, and have paid for and obtained their regular permit from the mayor of the city of New Orleans, recognizing and describing said game as a game of skill, and allowing petitioners to operate said booth in said park and to conduct said game, for which each player of said game pays the small fee of ten cents for the privilege of playing said game.”
Petitioners further alleged that they had been and were violating no law, and that the persistent and continued arresting of petitioners would destroy a valuable property right, and, if permitted to continue, would work them irreparable injury.
The lower court issued a rule to show cause upon the superintendent of police, and in answer thereto he excepted to the jurisdiction of the court ratione materise, averred that the petition disclosed no cause of action, but otherwise admitted the arrest of plaintiffs. He further denied the averments of fact in the petition. After hearing, the lower court refused to issue said writ, for the 'reason that it was convinced that the facts “clearly disclosed the operation of a keno game (held a banking game in City v. Miller, 7 La. Ann. 651), and the complaint was that the police were interfering with the operation of that game.” A writ of certiorari and alternative mandamus was issued by this court and the matter is now before us for consideration.
For the reasons assigned, the preliminary writs are recalled, and the application is dismissed, at the cost of the applicants.