On a Sunday in April 1952, State Police raided both veterans’ organizations in Halifax (VFW & American Legion), Dauphin County, Pennsylvania, and seized slot machines and other gambling paraphernalia, and arrested the stewards, Daniel M. Christ and Eugene A. Magaro. The individuals were charged with “keeping a gaming house and operating gaming devices.” What made these arrests particularly interesting was that the warrants and the arrests were done on a Sunday. By choice, the county District Attorney, decided to test an old 1705 law which prohibited the issuance of Sunday warrants for anything other than treason, felonies, and breaches of the peace. The question upon which the appeals were made was whether gambling, quietly done inside a facility, could be a breach of the peace. The defendants claimed it wasn’t; the District Attorney claimed it was.
The case was appealed all the way to the Pennsylvania Supreme Court – which, in the end, upheld the Superior Court that ruled that any offense that was indictable was considered a breach of the peace and a warrant could be issued and served on Sunday. The convictions of Christ and Magaro were upheld.
Background
According to an 1805 state law, mechanical gambling devices were prohibited in Pennsylvania. Slot machines, which fell under the restrictions of that law, while illegal, were very popular and saw widespread use in private clubs, political and veterans’ organizations, particularly as a way to raise money for community projects or to help to pay off mortgages for their clubhouses.
In 1951, a federal law was signed prohibiting the interstate transportation of slot machines in violation of state law. The new Attorney General of Pennsylvania, Robert Woodside, a native of Millersburg, with encouragement from Governor John S. Fine, decided to enforce the slot machine law by sending the state police on thousands of raids to seize and destroy the machines. As a result, it was estimated that more than 700 clubs in the state were put out of business.
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From the Sunbury Daily Item, April 29, 1952:
DISTRICT ATTORNEY TESTS SUNDAY ‘NO RAID’ RULING
Harrisburg, April 29 [1952] — District Attorney Huette F. Dowling moved today to test an old Dauphin County ruling by the late Judge William M. Hargest against Sunday raids and the issuance of search warrants on Sunday.
At Dowling’s direction, County Detective Harry Farina and state police invaded two veterans homes in Halifax, confiscating four slot machines and one or more punchboards in each. Alderman Joseph Demma issued both warrants on Sunday and the raids were conducted on the Sabbath.
Farina was prepared today to serve warrants on the stewards of the two raided clubs, Eugene Magaro of American Legion Post No. 648 and Daniel M. Christ of Veterans of Foreign Wars Post 5750. Dowling announced that he would carry the case to the appellate court, if an appeal by the clubs made it necessary.
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From the Sunbury Daily Item, May 2, 1952:
GIVE BAIL IN RAIDS
Eugene Magaro of the American Legion and Daniel W. Christ of the VFW post furnished $500 bail each for court appearance Thursday following raids in Halifax which resulted in seizure of slot machines and punch boards.
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From the Hanover Evening Sun, November 4, 1952:
SEARCH WARRANT USE ON SUNDAY IS UPHELD
Harrisburg (AP) — The service and execution of a search warrant on Sunday to permit raiding places of gambling is held legal in an opinion written by Judge Homer L. Kreider of the dauphin County Court.
Kreider made the ruling yesterday, reversing three opinions written by the late President Judge William M. Hargest who held that operation of slot machines indoors did not come within the scope of a “breach of peace” and therefore Sunday warrants weren’t legal.
Kreider’s opinion came in a test case involving two men accused of being in charge of gambling places in Halifax, Dauphin County. Eugene A. Magaro and Daniel M. Christ were arrested after raids on Sunday, April 27 [1952].
The raids were conducted by Harry Farina, Chief Dauphin County Detective, on a warrant issued the same day by an alderman.
Both defendants contended the warrants were null and void because they were issued, served and executed on Sunday.
Kreider ordered the case against the two men taken before the grand jury.
Similar articles were found in the Pottsville Republican, November 4, 1952 and Chambersburg Public Opinion, November 4, 1952.
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From the Sunbury Daily Item, December 5, 1952:
SUNDAY SEARCH WARRANT RULING BRINGS EXCEPTION
Harrisburg — Exceptions to the ruling of Judge Homer L. Kreider in Dauphin County Court upholding “service and execution” of a search warrant served April 27, a Sunday, have been filed by Carl B. Shelley, counsel for Lloyd Post No. 648, American Legion Association, Halifax. District Attorney Huette F. Dowling ordered service of the warrant on Sunday to test an old blue law.
Shelley attacked the legality of the warrant on the grounds that no breach of the peace was involved. The district attorney maintained that a breach of the peace was involved. Four slot machines, a punchboard, and 13 boxes of candy were confiscated. Eugene E. Magaro, the caretaker, was accused of keeping a gaming house.
Since Judge Kreider’s ruling in Quarter Sessions Court was an interlocutory one, and not final, no appeal can be taken to the appellate courts until the case is disposed of in the county court.
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From the Scranton Tribune, Dec 14, 1952:
DAUPHIN JUDGE DECIDES OLD STATUTE DOES NOT PRECLUDE SERVING OF WARRANTS ON SABBATH
If you think you can operate a gambling machine or punch your pugnacious neighbor in the noses on Sunday and get away with it, don’t do it.
There is a Pennsylvania law enacted in 1705, which says, in effect, that, except for cases of treason, felony or “breach of the peace,” no warrant, order nor decree shall be served on Sunday.
On the face of it, that looks like a ready-made excuse for creating minor mayhem on Sunday. But there’s a “kicker” in that legal phraseology that could land you squarely behind bars if you do the same illegal thing on Sunday that would get you in trouble on Monday, Tuesday, Wednesday, Thursday, Friday or Saturday. See? No? Well it goes like this:
Last April in Halifax, Dauphin County, one Eugene A. Magaro was arrested on an information which alleged that “the defendant did set-up and establish certain games and devises of address and hazard commonly known as slot machines and punch board, upon which money and other valuable things were then and there unlawfully designed to be and actually were played for, staked and betted upon, contrary to Section 605, The Penal Code, approved June 24, 1939.”
In short, the defendant was arrested for maintaining gambling machines in the American Legion Home in Halifax.
The defendant thereupon hustled out to a lawyer and pleaded that the whole business was “null and void” because “the search warrant was issued, served and executed on Sunday contrary to the said Pennsylvania Act of the General Assembly of 1705, Smith Laws, 25, Section 4.” The law says:
“No Person or persons, upon the first day of the week, shall serve, or execute, or cause to be served or executed, any writ, precept, warrant, order, judgment or decree, except in cases of treason, felony or breach of the peace, but the serving of any such writ, precept, warrant, order, judgment or decrees shall be void to all intents and purposes whatsoever; and the person or persons so serving or executing the same shall be as liable to the suit of the party grieved, and to answer damaged to him for doing thereof, as if he or they hade done the same without any writ, precept, warrant or order, judgment or decree at all.”
The Dauphin County Court tossed the problem upstairs to Judge Homer L. Kreider in the Court of Quarter Sessions in that County. Judge Kreider burrowed into the law clear back to Blackstone and beyond, finally ruling that the “Sunday” laws just didn’t apply and that the charges against the defendant would be placed before a grand jury.
The question, said Judge Kreider, is “whether the setting up and operating of slot machines and a punch board for gambling purposes behind closed doors constitutes a ‘breach of the peace where there is no open or visible disturbance of the neighborhood or any act tending to disturb the public peace, quiet and tranquility outside of the premises.”
The judge added: “The defendant contends that he should be free from arrest on Sunday even though possessing, maintaining and operating gambling devised on that day. He says, in effect, that execution of a search warrant on Sunday would violate the quiet and proper observance of the Sabbath Day as well as the prohibition of worldly duties on Sunday as set forth in the so-called Blue Laws.”
Quickly, Judge Kreider goes back to English Law and quotes: “The English Sunday Observance Act of 1667 has been interpreted to mean that the exception, that process may be executed on the Lord’s Day in cases of treason, felony, or breach of the peace, extends to all indictable offenses, and is not restricted to treason and felony, and such misdemeanors as involve an actual breach of the peace.”
The essence of Judge Kreider’s opinion seems to be that you certainly can be served with a warrant – and arrested – on Sunday, if the offense charged against you is an indictable one – that is, one which a grand jury can decide.
Judge Kreider quoted from an 1908 opinion, which says:
“The privilege of freedom from arrest has always been limited to civil causes, and has not been allowed to interfere with the administration of criminal justice.”
He goes further – back to Blackstone, famed English father of the law, who discussing the privileges of Parliament in 1765, said:
“Neither can any member of either house be arrested and taken into custody, unless for some indictable offense, without a breach of the privilege of Parliament.”
The same applies to members of the United States Congress, Judge Kreider finds. That is, representative and senators are free from arrest, except in cases of treason, felony or breach of the peace, while they are performing their duties.
Blackstone’s words are used again to define the key words, “Breach of the peace.” Blackstone said: “The words, ‘breach of the peace,’ include all indictable misdemeanors, for all crimes are treated by law as being contra pacem domini regis….”
In total effect, stay on your side of the law – even on Sundays.
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From the Sunbury Daily Item, January 14, 1953:
REMOVE SLOTS FROM CLUBS IN AREA COUNTIES
SLOT MACHINES DISAPPEAR QUICKLY IN WAKE OF REPORT OF WHOLESALE RAIDS ON WAY
HALIFAX SEIZURES MAY BE SOURCE
Removal of slot machines from clubs in Northumberland, Union and adjacent counties took place late Tuesday when it was reported wholesale raids were forthcoming. The rumors proved false and no raids have taken place.
Clubs owning machines had them removed late in the afternoon or at night.
Chief among the rumors was one that Governor John S. Fine had ordered a clean sweep to rid the Commonwealth of the machines which are illegal.
The Dauphin County Grand Jury yesterday indicted four men for keeping and maintaining gambling devices, following Sunday raids on veterans organizations in Halifax. Eugene E. Magaro, steward of the American Legion Post and Daniel M. Christ, steward of the Veterans of Foreign Wars, were indicted on a charge of keeping a gambling house. The grand jury also returned true bills against LeRoy Purcell, Dauphin R. D. 1, charged with book-making and pool selling, and James P. Mitchell, Harrisburg, charged with keeping a gaming house. State Police from the Selinsgrove, Milton and Shamokin details were not involved in raids last night, they reported today and the commanding officers said they knew only what they heard about the rumors.
In the majority of cases the clubs own machines they have in their possession, but in a few cases a small syndicate owns them and shares in the proceeds.
From time to time attempts have been made to rid the Commonwealth of the machines, but efforts have proved futile. On New Year’s 1952, more than 500 machines were confiscated in the upper Northumberland County area, but new ones appeared to replaced those taken.
Throughout Northumberland county club operators were warned Tuesday to take the machines from their premises. It was passed along from one club to another, but the origin of the rumor is unknown.
Removal of machines is only a partial protection, since the federal government has the registration number of all machines brought into the commonwealth and if authorities demand, the owners would have to surrender them.
Last of the wholesale raids in the area took place October 3, 1952, when Union county clubs were entered by state police and 35 machines were seized. The cleanup was in conjunction with raids in Mifflin, Juniata and Erie counties.
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From the Sunbury Daily Item, April 24, 1953:
HALIFAX SUNDAY RAID TEST STAYED IN COURT
Harrisburg — A further court test in Dauphin County on the legality of search warrants issued on a Sunday has been put off with the filing of motions for new trials in the cases of two veterans homes’ stewards. The motions for new trials will be heard in the June term of the Argument Court.
Former District Attorney Carl B. Shelley is defense counsel for Eugene Magaro, of Halifax, steward of the American Legion Post, Halifax, and Walter H. Compton is representing the steward of the Halifax Veterans of Foreign Wars Post, who is Daniel M. Christ of Halifax. The delay was said by Shelley and the prosecutor, District Attorney Huette F. Dowling, to have resulted from the failure of a former court reporter to complete the record in time for it to be studied by defense counsel. Both defendants were found guilty of keeping a gaming house, on January 14 in a case heard by Judge Homer L. Kreider.
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From the Sunbury Daily Item, August 3, 1953:
FINE TWO DAUPHIN COUNTY MEN IN SLOT MACHINE RAID
Eugene Magaro, Halifax R. D. 2, and Daniel M. Crist, Harrisburg, were arrested and fined $100 each by Judge H. L. Kreider in Dauphin County Quarter Sessions Court Friday. The men were charged with running slot machines and punch boards in American Legion and VFW homes.
Dauphin County District Attorney Huette F. Dowling said that he did not seek prison sentences for the two men because theirs was a “test case” and they picked at random from many violators in the county.
The case tested the right to make raids on gambling houses on Sundays. A 1705 statute was quoted by defendants to the effect that no raids may be made on Sunday except in cases of treason, felony or breach of peace. Judge Kreider ruled the opinion that operation of gambling devices or establishments is a breach of peace, thus making the raids legal.
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From the Lykens Standard, September 11, 1953:
HIGHER COURT GETS SUNDAY RAID APPEAL; TEST CASE SUBMITTED
An appeal from the ruling of Judge Homer L. Krieder of the Dauphin County Court, who upheld the validity of a search warrant served on Sunday to raid clubs for slot machines and gambling devices, was filed with the Superior Court, Wednesday.
The appeal is taken in one of the Halifax veteran organization cases, District Attorney Huette F. Dowling said Wednesday night that the case will probably be argued before the Superior Court in Pittsburgh next November.
It is the case of Eugene Magaro, caretaker of Lloyd Post No. 648, American legion Association, at 110 South Second Street, Halifax, who was fined $100 by Judge Kreider last July 31, after Magaro was adjudged guilty of keeping a gambling house. The association’s home was raided by county and State Police Sunday, April 27, when gambling devices were seized.
Another raid was made simultaneously by county and State Police on the home of the Veterans of Foreign Wars Post 119, Armstrong Street, Halifax, where gambling devices were also found. Daniel M. Christ, the steward, was also fined $100 last July 31.
The Magaro case is to be made a test as there has never been a ruling from an appellate court on the validity of search warrant served on Sunday.
District Attorney Dowling sums up the Commonwealth argument that if the Sunday search warrant is illegal it means “you can’t gamble on six days of the week but you can gamble on Sundays it you do it quietly.”
Carl B. Shelley, former district attorney, counsel for Magaro, contends that the Act of 1705 prohibits the serving of warrants or legal proceedings unless there is “treason, felony or a breach of the peace.” Operation of slot machines under quiet circumstances is no breach of the peace, Shelley contends. in short, Superior Court must define what a breach of the peace is.
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From the Pottsville Republican, March 16, 1954:
RULE SUNDAY WARRANTS ON GAMBLING OK
Philadelphia (AP) — The Pennsylvania Superior Court today ruled that search warrants to raid gambling establishments may be issued and served legally on Sunday.
In Harrisburg, Col. C. M. Wilhelm, state police commissioner, who has directed a continuing state police campaign against gambling, commented on the Appellate Court’s decision:
“It’s a good thing. The decision should strengthen our operations.”
The Appellate Court’s decision applies throughout the state.
Judge J. Colvin Wright wrote the Superior Court opinion which said:
“A review of the authorities inevitably leads to the conclusion that the original intendment of the phrase (breach of peace) was to cover all indictable offenses. Indeed, to construe the words in the narrow sense… would create an anomalous situation wherein the criminal whose act falls short of an actual breach of the peace could on Sunday be immune from a law which on any other day of the week would be enforceable.”
The Superior Court affirmed the verdict of a Dauphin County Quarter Sessions Court which had convicted Eugene A. Magaro on charges of keeping a gaming house and possessing and operating gambling devices. Magaro was caretaker of Lloyd Post 648, American Legion. Police raided the veterans’ organization and sseized slot machines and a punch board on April 27, 1952. Magaro was fined $100. He appealed to the Superior Court.
Judge Wright said Magaro’s attorney raised two questions.
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- That a warrant may not be served on Sunday to search premises for slot machines where there has been no open or visible disturbance of the public peace.
- Evidence obtained during such a search is not admissible.
Judge Wright said that determination of the first question rendered further discussion unnecessary but pointed out that the second question is likewise untenable.
“Evidence secured as the result of an alleged violation of a statute cannot be held any less admissible,” Wright wrote in his opinion.
In an annotation at the bottom of the opinion, Wright pointed out further that the U. S. Supreme Court recently upheld a California decision that evidence obtained in violations of provisions of the federal constitution is nevertheless admissible.
The decision is believed to be the first on this subject made by the Appelate Court in Pennsylvania and erases the old belief that Sunday raid warrants could be issued only in cases of breach of the peace, not to stop gambling.
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From the Somerset Daily Advocate, May 29, 1954:
SUNDAY SEARCH WARRANT UPHELD BY SUPREME COURT
Harrisburg, May 28 [1954] — (INS) — Sunday search warrants for any indictable offense including gambling, have been upheld by the state Supreme Court.
The decision ended litigation extending back a quarter of a century in Pennsylvania and threw out an act of 1705.
The high tribunal upheld the Sunday search warrant by refusing to review a state Superior Court ruling on appeal by Eugene Magaro, of Halifax, caretaker of the Harrisburg [sic] American Legion Home.
The appeal, on a 1953 slot machine conviction, was based on a colonial act of 1705 listing treason, a breach of the peace or a felony as the only basies for Sunday search warrants.
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News articles from Newspapers.com.
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