National Republican. (Washington City (D.C.)) 1872-1888, 1872-12-13
FREE FINANCE.
PHOTOGRAPHS AND PRIZES.
The Minor Case BEFORE the Criminal Court
-yerJtet Of Not Guilty.

The NIinor Case before the Criminal Court
Verdict OF Not Guilty.
The case Of the appeal Of Mr.. G. J. Minor from
the Judgment Of the Police Court, declaring the
recent photograph gift establishments to he lot
teries and ming him tlOO for carrying on such
an establishment, came up before the Criminal
Court yesterday at noon.
Mr.. Harrington appeared for the Government
Messra. A. q. Riddle and Y. Miller for the defence
Assistant District Attorney Harrington made
a statement Of the case, saying that photographs
were displayed for sale at the establishment In
question At nifty cents each, and some Of them
bore the amount Of prize on the back. lie
claimed that under the act Of Congress Of lst2,
prohibiting lotteries, this business was unlawful.
Mr. Riddle claimed that Congress had repealed
the act 81 isiq, aud that the District Legislature
had legalzed lotteries by licensing them. II that
law IA not repealed, Congress makes distinction
between oiters, and S , sn'eTP[ssS ne pre- re-
teries, In which he said the chance Of drawing
prize was acrupulously guarded against.
Judge Macarthur In gift enterprises every.
Nj. Riddle. No, your Honor; everybody makes
q purchase, and some obtain prizes.
Mr.. Riddle, In concluding, said that the Legls-
laturo Of the District had followed the language
Of Congress In its internal revenue law, In sec
ton tWenty-three Of this act, and had distin-
guished between lotteries and gift enterprises.
Congress had licensed gift enterprises, although
they had made lotteries illegal and the sale Of
Mr.. Justice Macarthur. Congress certainly ap-
pears TO have made adistinctlon between the two
M; Riddle saId that this distinction must then
be conclusive In constituting an act which the lie
gislative Assembly Of the District nld aIoptel 10
the words Of q previous law passed BY Congress-
Judge Macarthur. Il certainly has all the value
Of a contempOraneOus exposition of the intent
and meaning Of the law. He would hear the
M. Harrington, rising to open the case,
Judge Macarthur said: II you can satisfy me
that the proprietor Of giit enterprise u dealer
In lottery tickets, will not trouble you 10 show
that the act Of isI2 is In force at least not until
Nj. II. proceeded to show that this system Of
placing prizes and blanks on the backs OF photo
graphs came With. the definition OF lotteries
BESIDES this, the law out Of which Mr.. Riddle
drew his definition was now repealed, anu the
definition fell with the repeal.
the Court said that IL was not for the Court to
say that there was no distinction between lot
tefies and gift enterprises when In both acts the
legislative body had made distinction between
them in the law. THIS was q legal distinction
which bound the court, and the defendant, as the
proprietor Of a gift enterprise, was clearly not
within the Information. lie would therefore
direct verdict for the defendant
Mr.. Harrington hoped that the court would IN
deciding the case, give an opinion as 10 whether
the act q ist2 was ~ operauo Iid was I'M ~,
this subject for the guidance Of the Metropolitan
police,
! that point yet
Mr.. Harrington hoped that the decision,Eould
he made. II was involved In this case, and u II
were not decided there would he doubt left In
the minds Of the ofilcers whether any lottery
whatever could he prohibited. The city was
now flooded with lottery tickets, and decision
was needed TO the end that the police might
know what course 10 pursue.
Judge Macarthur thought that what he would
| say would he mere drbifsr dfctUm, and have M
weight as judicial authority. The Legislator,
must not expect the courts TO do the work which
properly belonged TO the legislative branches
/ II the people elected persons to the Legislature
| who would license such establishments as this
the people would have to make provision fOi
having such license laws changed.
The Jury were then directed by the Court Il
return verdict Of not guilty; which was don,
] accordingly