“ Statutes providing for actions by a common informer, who himself had no interest whatever in the controversy other than that given by statute, have been in existence for hundreds of years in England, and in this country ever since the foundation of our government. The right to recover the penalty or forfeiture granted by statute is frequently given to the first common informer who brings the action, although he has no interest in the matter whatever except as such informer. ”

“ The power of the state to enact laws to suppress gambling cannot be doubted; and, as a means to that end, we have no doubt of its power to provide that the owner of the building in which gambling is conducted, who knowingly looks on and permits such gambling, can be made liable in his property which is thus used, to pay a judgment against those who won the money, as is provided in the statute in question. ”

“ The only evidence that any question was raised in the supreme court, assailing the validity of the statute as a violation of any provision of the Federal Constitution, consists of a statement in the petition in error to the supreme court, that the statute was a violation of certain sections of the Federal Constitution, and in the certificate of the supreme court of Ohio, which that court ordered to be made a part of the record, and which is above set forth. ”