Sheriff E. Russell Trathen

1931

In April 1931, the month after the new, liberal gambling law went into effect (March 19), Washoe County Sheriff E. Russell Trathen, per his job description, collected $20,000 (about $330,000 today) in gambling license fees for the month of April from operators in Northern Nevada.

Seeking Piece Of The Pie

First, Trathen went to the Washoe County Commission (WCC) and demanded 6 percent of the total in commission, which amounted to about $720 ($11,800 today). He argued he was entitled to it based on the state’s license tax act of 1915, which afforded sheriffs a 6 percent cut of the proceeds of all business licenses (and 20% of grazing licenses) sold.

The commissioners sought a legal opinion from District Attorney Melvin Jepson, who advised them that according to the law, Trathen wasn’t owed or due any compensation for the collection of license fees. The WCC told the sheriff no.

Next Course Of Action

Trathen then retained Attorney Lester D. Summerfield. In early May, the two filed for a writ of mandamus, which is an order from a superior court to a lower court, government entity, corporation or public entity to take or not take an action, as required by law. Summerfield/Trathen asked the Nevada Supreme Court to order the county treasurer to  accept the license fees Trathen had collected minus 6 percent becuase the treasurer had refused to do so the prior month, April. (Another mandamus action related to the new gambling law was taken earlier in the month in Las Vegas.)

“The case attracted wide interest through the state, as sheriffs of other counties might be able to collect a commission on gambling licenses” the Reno Evening Gazette noted (July 8, 1931).

Not Like The Others

On July 8, 1931, the higher court dismissed the writ of mandamus and issued its ruling, which was unanimous: Nevada sheriffs aren’t authorized to retain any part of the gambling license fees they collect. They said the 1931 gambling act, unlike the 1915 law, lacked a provision for such a commission.

What the new legislation did spell out was that sheriffs were responsible for unpaid fees; they were “held liable on [their] official bond for all moneys due for such licenses remaining uncollected by reason of [their] negligence,” reported the Nevada State Journal (July 9, 1931).

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Photo from Police Motor Units

1949

Casino owners balked when the question of going on daylight saving time (DST) arose in Nevada in 1949.

Gamblers’ Outcries

Charles Mapes, owner of the Mapes hotel-casino in Reno, made a few arguments:

• “It’s difficult to put on a floor show at 9 p.m. with the sun just going down. A spotlight can’t compete with the sun when it comes to showing an attractive star to best advantage. It cuts the glamour. She should be in a bathing suit at that time of the day.”

• Extended daylight reduced night life.

• It caused restaurant patrons to alter their eating habits and all crowd the restaurant at the same time, creating problems.

• It confused out-of-town guests about hotel checkout time.

Raymond “Pappy” I. Smith, co-owner of Harolds Club, also in Reno, cited loss of business, saying casino owners would “lose their shirts unless the clocks stay put” (Nevada State Journal, May 6, 1949) and were united in this opinion.

He said his casino had lost $1,000 ($10,000 today) per night the previous year due to DST, which had been effected due to a power shortage. This year, his business couldn’t withstand such a hit as revenue had decreased 56 percent. He pointed out that another club was $70,000 in debt ($707,500 today), primarily due to the influx of California visitors having plummeted the summer before.

Playing Hot Potato

By Nevada law (as of 1946), only the governor had the authority to call or not call for daylight saving time each year. Yet in 1949, Governor Vail Pittman left the choice to each of the 13 counties because “the heads of the local county and city governments are in a better position to know the needs and desires of their people in matters of this nature than is the governor,” he said (Reno Evening Gazette, May 2, 1949).

Immediately, in April, counties began deciding. White Pine County opted to begin DST on April 17. Elko County followed suit, choosing a May 1 start date. Nye and Esmeralda Counties planned to spring forward on May 15. Likewise, based on a slew of requests for it, Washoe County tentatively agreed to DST effective May 15 pending formal approval.

When the Washoe County commissioners next met, DST opponents, including the casino heads, made their cases against a time change. Then District Attorney Harold Taber informed the governing body that, after conferring with state Attorney General Alan Bible, the two had concluded the counties lack the power to proclaim DST legally.

Consequently, Washoe County reversed its stance and tossed the issue back to Pittman. Ormsby County (now Carson City) did the same, accusing him of “passing the buck” (Nevada State Journal, May 3, 1949).

Time Change Fallout

Pittman’s final word was he wouldn’t proclaim DST on a statewide basis. This left 4 counties with their clocks already set ahead or about to be and the remaining 13 counties on standard time.

“It was presumed that the counties can remain on daylight time as long as they want to — although such action by commissioners is not legal technically,” noted the Nevada State Journal (May 10, 1949). “In other words, as long as nobody raises the point legally, any county can adopt daylight time — or any other time system — it wants if its residents are satisfied.”

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Illustration from pond5: “Antique Clock Face” by StellaL 

The Willows in Reno, Nevada

1931

Despite an influx of newsmen into town to report what gambling now looked like in Nevada’s biggest city immediately following legalization, a move they described as “reviving the days of the pioneer west,” the status quo endured (Nevada State Journal, March 21, 1931).

“There was no wild rush to the gambling resorts and the Saturday night celebration was but little different from that of other Saturday nights. The only apparent difference … was to center interest of the country on the fact that people gambled in Reno and now may continue doing so, without violating a law,” the Reno Evening Gazette reported (March 23, 1931).

After Governor Frederick “Fred” Balzar had signed the bill into law on Thursday, March 19, 1931, the business-as-usual atmosphere primarily was because some forms of gambling already were legal prior to him doing so and other illegal forms operated, albeit underground. High-stakes and roulette games were new, though, and began to appear.

A Minor Snafu

The recent legislation required any casino to obtain a license and pay the necessary fees in advance for every gaming table and/or slot machine they had on site. Any new enterprises, therefore, had to do so immediately, but those already licensed under the previous law could wait until their existing one, good for three months, expired.

In Northern Nevada, a minor snag, however, prevented the Washoe County sheriff from issuing licenses to anyone who’d applied. He didn’t have the necessary forms because the printing company hadn’t delivered them yet. This delay spanned five work days. Finally, on Thursday, March 26, Sheriff E. Russell Trathen dispensed the first license to the proprietor of the Owl Club. By week’s end, he’d issued 64 to various businesses.

In Southern Nevada, the first Las Vegas city gambling license went to the owners of the Northern Club the day after the new gambling law went into effect. The Northern Club, outside of town, received the first Clark County gambling license. Soon, the first lawsuit concerning licensing under the new law would be filed. 

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