Gambling at the double feature in 1913

The criminal court case earned the name the “bank night” case in the newspapers of the day, even if the charges had nothing to do with any banks or financial institutions.

The State Theater in Jamestown was accused of conducting a bank night which was against North Dakota’s lottery laws back in 1913.

Bank nights were common theater promotions back in that era. A drawing would be held and cash prizes awarded, hence the name bank night.

The Stutsman County state’s attorney interpreted this as an illegal lottery. Roy Metcalfe, State Theater manager, was arrested, tried and convicted on the lottery charge. Judge R.G. McFarland sentenced Metcalfe to 90 days in jail and a fine of $250.

The conviction was appealed by Metcalfe’s attorney to the North Dakota Supreme Court. North Dakota Gov. William Langer also filed papers in support of Metcalfe with the court, which ultimately denied the appeal.

About a week after the appeal was denied, Judge McFarland suspended the jail sentence and any remaining fines ending the case.

Long and short of the case, yes, it was illegal to hold a bank night at a theater in North Dakota in 1913, but the crime wasn’t worth locking the perpetrator away for three months.

Lotteries and raffles continued to be illegal in North Dakota for another six decades. The first change to those laws came in 1975 with an amendment to the North Dakota Constitution allowing some forms of charitable gaming and raffles.

Since then, other forms of gambling have been legalized in the state with full casinos limited to Native American reservations.

No word on whether any movie theaters are planning on resurrecting bank night.

Author Keith Norman can be reached at

www.KeithNormanBooks.com