New-York tribune., 1867-02-07
TIE LOTTERY QUESTION

To AS Editor c( The " y. ITtbF7e.
SIR 1t is not to be expected that THE TRIBUNE
nor any thing else short OF Constitutional Convention
can in any wise improve the capacity Of the Of Dog
berrys al present holding office Police justices As
they are now selected nothing can be done by them
which ought to surprise us unless II might be to render
an accidental judgment founded on common sense. But
when an educated man. holding tho position Of public
prosecutor joins ia with the open volatorsOf the law is
Al not time 10 show that DstriCAttOneys in certain dis
frc ought TO be selected In other than by
the suffrage Of the Of such places the First
Fourth. sixth. Eighth, Seventeenth and Fourteenth
Wards of the City of New-YOrk.
In your paper Of this morning yOu give account Of
the examination OF Of the agents Of lottery concern
and close II with the following paragraph
Tie following Is the opinion Of Mr. Bedford Assistant
District Attorney, as to the legal point at issue; This
chance drawing OfnumOere and where there are prizes
and blanks, This Is distrDutl0n-theie is no chance
not chance scheme" Justice Iedwth gave his decision
in accordance with the foregoing opinion Of Mr. Bedford
It may be properly said that the Justice could make
other decision after the officer, whose duty twas 70
prosecute tho offender volunteered defense false
techneay. But how about the prosecuting attorney
course to be overiooked Is the moral Of this
community to insuted and Of the worst forms Of
gambling forever protected by the qubbng evasOns
OF an Assistant DstrictAttoney These arc questions
Cor the approaching Constitutional Convention to con-
elder.
The learned officer referred to Is reported to have said:
"This Is not lottery. This iSd distItbiOtere Is no
ehanecCycy ticket drawing prize OF more or less value
IL Is not chance scheme" Yet In the face OF this tho
scheme shows that distribution II fairly performed, Is
nothing chance. The chances are called "prelni-
ums but II the Fthaves Mansion, worth $1,000 Is 70
be drawn for, only ticket possibly draw ~ and
the others must necessarily draw they are drawn at al,
inferior ''premums." What Is that but l0tteryf
Rcggng the pardon OF the learned Assistant District
ttOrncy for doubling his ability 10 properly define the
meaning the very old English word Lottery would
refer him OF the standing authorities beginning
with BAIIAY n7l0, Lottery a sharing Of lots by
chance" BARCLAY 17g2), LOTTERY Kind Of public
game at hazard game Of chancep JOHNSON u798,
1IOttcry game Of chance distribution OF prizes by
chance VEBsTEn Qs49 a scheme for the distribution
~ urizes by chance me dsriJutOfi isel" WOOSTER
0sO) THAT which II allotted; distribution Of prizes
sums are vennred for the chance Of obtaining larger
value either ia money or ~ other dTttelesD
Only Of these photographers aliudes to blanks"
a. being incident to lottery while in his second defni
fi0D hc discardsthe use ofnhf word blank but says,
Lottery 10 game Of hazard where small sums are
ventured for the chance Of obtaining larger Yaue IN
money other articles" There could not be better
description Of the grand presentation festival" than
these words contain yet the Assistant
sOemuiy says "a lottery Is where money Is wOnby the
chance drawing OK numbers and where there are prizes
and blanks"
4 time tho Assistant DstrictAttOruey sent
% school JUSTICE
Aew-gW2, Fsh g. 1851.