The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-08-07
Thousands 81 Good, Hard Montana
Dollars Go to Louisiana and
Mexico Concerns.
Can Newspapers Printing Their
Advertisements Be Shut Out
From the Mails.
An Interesting Point Of Law that May Ri
Tested In the Courts Of Mon
tana.

aroused over the lottery question, 1T ~ OF
interest to know how Montana stands ON
the matter. For years the sale of lottery
tickets has bean conducted on large scale
in this state. Every month thousands Of
dollars leave this county and city for the
pockets OF the various Louisiana and 4exi-
can lottery kings. As matters stand now
there i no way to prevent tho sale Of tick
sts for lotteries outside tho state, though
the constitutional convention intended that
this business should be stopped, section 2,
article - Of the constitution reads a. fol-
lows:
'sThe Legislative assembly shall have no
power to authorize lotteries or gift enter
prise for any purpose and shall pass laws to
prohibit the sale Of lottery or gift enter
prise tickets in the state"
It il probable that the next legislature
will pass bill to prevent the sale in Mon
taua Of tickets Of lotteries conducted out
side the state. In the meantime the bust
ness thIivss under the charge of pretty
young lady who has an Office in the Union
block hIoo. She j. supposed to b the
'nsh &. psop. os'0e q e &. s'iMs sns
broke up the business 81 tho Montana lot
terry in this county in short order, under
AN act to prohibit lotteries and providing
= penalty Tor the violation thereof passed
BY the sixteenth territorial legislature. I'm
duct OF lotteries managed in the state.
The reading Of the Law would indicate
that all lotteries were included under its
provisions. Mr.. Nolan, finds, however, that
it was not the intention of the legislature
to interfere with the business Of foreign
vnkkAp3au IN thA ~ I'D hA -
that Jacobs could not be convicted for sell
ing Louisiana tickets in the state. Jacobs
is now under two indictments for selling
Montana lottery tickets in this city, and his
case ID pending trial. It is believed that he
will enter plea Of guilty and the matter
Silver Bow can prosecute under the same
law, but he has shown no inclination to
do his duty in the matter thus far,
One of the most difficult features of the
lottery laws is the enforcement Of the Unit
ed States statute making the sending of lot
United States law on the subject. United
States District Attorney Weed said yester-
day: Il think the government statute could
be enforced if the United States marshal
would make an effort in that direction. He
has power to seize and examine any mail
ing 10 sent in violation of the law. ] do not
know Of any law making the insertion of
an advertisement in newspaper penalty.
The proposed bill before congress if passed
will prevent the passage through the mails
Of all newspapers containing lottery adver-
tisements."
"Mr. Weed, is q newspaper containing a
lottery advertisement g circular under the
meaning of the statute?"
"That is an open question. So far as
know it has never been determined in court.
I have never given that point consideration
and could not say whether under these cir
cumstances newspaper would come under
this provision of law or not.'
It is not improbable that this point may
be determined right here in Montana. The
present general discussion of lottery adver-
tisements has aroused good deal of feel
ing among the public spirited men of the
city. One Of them remarked yesterday
that the presence of lottery advertisements
in certain newspapers in this city was an
insult to the morals and intelligence Of the
community. He said he was entirely will
ing to test the point of law referred to and
see if there is way to keep these papers
out of the mails.