City of Bremerton v. Smith

(dissenting) — This case was first assigned to me. I wrote to reverse. A dissent was written and received a majority. The case was then assigned to the writer of the present majority opinion. I shall again state the facts gleaned from the records in this case as contained in my opinion:

The Moose Lodge, the Eagles Lodge, and the Bremerton City Club maintained devices known as slot machines. These machines, sixty in number, are located in the organizations’ respective clubrooms. The machines are so constructed that it is impossible to win from them except by chance.

Appellants visited the…