The opinion of the court was delivered by: WATSON
The United States of America filed a Libel of Information praying for the seizure and condemnation of three Trade Boosters under the provisions of Public Law 906, 81st Congress, 2nd Session, Sec. 7, 15 U.S.C.A. § 1177.
The Trade Boosters were seized at Williamsport, Pennsylvania, by Agents of the Federal Bureau of Investigation acting under authority of the Attorney General.
Frank J. Zaydell, of Williamsport, Pennsylvania, answered the Libel of Information alleging ownership of the machines. Claimant Zaydell alleged that the Trade Booster devices were not gambling devices as defined in 15 U.S.C.A. §§ 1171-1177, and more specifically, 15 U.S.C.A. § 1171(a)(1), (a)(2), (a)(3) and § 1172,
and requested that the Warrant of Seizure and Monition heretofore issued in this case be quashed; and prayed that the Three (3) Trade Boosters, the subject of said warrant, be returned to claimant, Frank J. Zaydell. The request that the Warrant of Seizure and Monition be quashed was subsequently withdrawn. The case was tried before this Court without a jury. From the evidence and the stipulation filed by counsel, the Court makes the following
1. The Trade Booster devices were designed and built by the H. C. Evans Company, Chicago, Illinois, for Taylor and Company, Chicago, Illinois.
2. The Three (3) Trade Boosters were introduced into interstate commerce in Chicago, Illinois, and were transported from Chicago to Williamsport, Pennsylvania.
3. The Three (3) Trade Boosters were purchased by Frank J. Zaydell, Claimant, and shipped by Taylor and Company from Chicago, Illinois, to claimant's place of business in Williamsport, Pennsylvania.
5. The Trade Boosters are electrically operated devices, and each consists of a steel cabinet, containing various electrical circuits. There are also three meters inside each cabinet, the function of which is to register the number of games played, the number of games won and the number of 'jackpots' won.
6. The Trade Boosters permitted slot machines to be operated by remote control after the slot machines had been altered by having the coin slots and certain other parts removed.
7. Trade Boosters numbered B-211, B-114, and B-203 were sold by Frank J. Zaydell to the Wheel Inn in Roaring Branch, Pennsylvania. These Trade Boosters were used to operate slot machines from which the coin slots and certain other parts had been removed.
8. The operation of the Trade Boosters was explained by the partner and office manager of the Taylor Company to an agent of the Federal Bureau of Investigation. He explained '* * * that after a Trade Booster was shipped to the consignee or customer that electrical connections were made between the Trade Booster and the slot machine, after the payout equipment was removed from the slot machine; that after it was placed on location the owner would designate it either a five cent play, ten cent play, twenty-five cent play, or fifty cent play; that when a customer approached the machine he would inquire of the bartender as to what play it was. He illustrated in this fashion, that if it was a ten cent play machine the customer would pay the bartender one dollar, at which time the bartender would press a button which would register ten plays on the cabinet control box located at the bar as well as the register located at the slot machine where the jackpot is ordinarily located, and if the customer pulled the lever or handle on the machine, the plays would either be depleted or added to if the customer had a winner, and if the customer had a winner he would be paid in free games or the amount in cash, and he illustrated that if he was ten games ahead he would be paid one dollar. He explained that the pay-out mechanism was removed from the machine, that the coin insert was plugged off, and also the pay-out was plugged off from the front -- from the casting on the front of the slot machine.'
9. The advertising and descriptive literature received by Zaydell from the Taylor Company referred only to the attachment of a Trade Booster to a slot machine.
10. Slot machines to which Trade Boosters were attached were used for gambling purposes at the Wheel Inn at Roaring Branch, Pennsylvania.
11. The Trade Boosters were designed and manufactured for the purpose of permitting the operation of slot gambling machines from which the coin slots and ...