HARRY HUGHES, Governor

3633

against possession of slot machines. This is a distinct
provision from Article 27 § 266(b) (still in effect and
unamended) which is the basis for recent contentions that Senate
Bill 774 "clarifies" or "tightens" ambiguities in existing law.

The origin of Article 27, § 255 of the Code, governing
gambling at carnivals, bazaars and raffles of volunteer fire
companies and other non profit organizations was a local Caroline
County bill enacted as Chapter 679 of the Acts of 1949. The
provisions of that law and subsequent amendments adding other
counties are limited to gambling under those types of
circumstances. Section 255(b), applicable in 18 counties,
states:

"(b)(1) This subtitle may not be construed to make it
unlawful for any volunteer fire company or bona fide
fraternal, civic, war veterans', religious or charitable
organization or corporation to conduct or hold a carnival,
bazaar, or raffle for the exclusive benefit of any such
volunteer fire company or fraternal, civic, war veterans',
religious or charitable organization or corporation, if no
individual or group of individuals benefits financially from
the holding of any bazaar, carnival, or raffle or receives
or is paid any of the proceeds from any carnival, bazaar, or
raffle, for personal use or benefit.

(2)  The organization or corporation may award prizes in
cash or in merchandise by such devices as are commonly
designated as paddle wheels, wheels of fortune, chance
books, bingo, or any other gaming device.

(3)  However, carnivals, bazaars, or raffles shall be
managed by the members of such group, organization or
corporation personnally through its members. In Carroll
County the use of paddle wheels shall be subject to the
restrictions of § 258 of this article." (Emphasis supplied)

The phrases "this subtitle" and "any other gaming device" were
contained in the 1949 law and predate the enactment of § 264B by
Chapter 617 of the Acts of 1963. The Emory Commission Report
strongly suggests that, for enforcement reasons, and, but for
certain limited exceptions such as free play pinball machines
contained in Chapter 617 itself, the possessory prohibition on
slot machines was intended to be complete. Indeed, to the extent
any ambiguity existed, the 1963 Act contained an uncodified
express repealer provision to the extent of any inconsistency in
other laws. Similarly, the 1963 House Journal reflects a
proffered floor amendment that failed which would have allowed
slot machines in nonprofit clubs. Consequently, the issue
presented by Senate Bill 774 was expressly before the 1963
General Assembly and rejected.

It has been suggested that amendments attributed to the late
Thomas Hunter Lowe adding Talbot and Kent Counties to the list of
counties covered by § 255 in Chapter 345 of the Acts of 1968
substantively had the effect of authorizing the use of slot