The Republican., 1891-07-17
ARE NOT LIABLE.
Assistant Attorney General Tyner
Decides an Important Point.

prominent member of the Keystone
SpOrtsman's association, has been in.
strumental 10 setting at rest a yexed
question in regard to the anti lottery
and postal laws. Recently the Sports
mans association arranged for a prize
shooting match. at which certain
trophies were to be awarded the
marksmen making the beat records
AT the time the arrangements for the
"shot" were completed the members
of the association decided to adver-
tise the event in the city and country
papers. but in this obstacles were
thrown in their way, which in a
measure affected the success of the
match. When the lads" were sub.
mitted to the various newspapers,
they were looked upon with suspic-
ion, some of the business managers
fearing prosecution. from the fact
that the anti.lottery law prohibits
newspapers from publishing an
nOuncements of any lottery scheme
or game of chance. They believed
they might lay themselves open to
prosecution should they publish the
Sportsman 3 association "sds." How
ever, all the papers except one, de-
cided to run the risk and the an.
nOuncements appeared as submitted.
In the meantime Mr.. Frazee wrote
Postmaster General Wanamaker the
following letter:
PITTsBURG, June 5, 1891.
Hon. John W"namaker, Postmaster
General, Washington, ID. G.
DEAR SIR:-Please inform me
whether it Is violation of the anti.
lottery law or the postal law to adj
vertise shouting match where a
number of prizes are offered to the
best skilled marksmen, when the
papers containing the advertisement
70 through the mail.
Yours respectfully,
CHARLES F. FRAZEE,
MemOer heNStnne SpOftSmdnS AS.
sociation. Pi'tsburg.
Mr.. Wanamaker turned Mr.. Fra.
zee's letter oyer to Assistant Attor.
ney General Tyner, who replied as
appended:
ChaS. F. FraZee. Pittsburg.
SlR:-This is in response to your
letter of the 5th inst, addressed to
postmaster general. So many dis.
putes have arisen with advertise
ments that have been presented in
the language of corresp ndence only,
that | deem il wise to not rule on
anything of the kind except where
the precise text of the advertisement
is submitted. l prefer not to pass
upon the matter you present until
you shall put it in that form. l can
safely state, however, that an adver-
tisement announcing that certain
prizes will be awarded to the skilled
marksmau who shall make certain
shot, would not he repugnant to the
act. For the reason that the element
of (Iot chance within the meaning
of the law Is not the essence of such
a scheme.
Very respectfully,
JAMES N. TYNER,
Assistant Attorney General.
Mr.. FraZee responded with the fol.
loving:
James N. Tyner. Assistant Attorney
General. Washington. ID. G.
DEAR SIR On the 5th inst. /
wrote the postmaster general asking
if it was violation of the aHti.lOt.
terry or postal law to advertise a
shooting match. when prizes Were
offered for the marksman, when the
papers containing the advertisement
pass through the mail. On June
received reply from you, the pur.
port of which was that it was in
skeleton form, and for that reason
you did not deem it wise to rule
upon anything except where the pre-
else text of the advertisement is sub
nitted. / enclose here a ticket with
the exact form of the advertisement
on the back of it. MY reason for
making the request is that a certain
country newspaper refused TO take
the advertisement on the ground
that it was violation of the postal
law. when same paper had to pass
through the mail. The object of the
match was. after expenses were paid,
to use proceeds in fitting up a club
for the use of members. Will you
kindly give me your opinion on the
matter and Oblige.
Yours respectfully,
CHAs. F. FRAZEE.
The correspondence closed with
the following letter, showing that in
such cases the newspapers are not
liable 10 prosecution:
Charles F. Frazee, Pittsburg, Pa.
am in receipt of your letter of the
25th inst, wherein you enclose an
advertisement of grand shooting
match, at which certain prizes were
awarded persons making the first,
second. third, fourth aud fifth best
average score out of FIVE shots. The
scheme. as stated in the advertise
ment. is not obnoxious to the lottery
law. and the publication of the same
in newspapers would not prevent
the latter passing through the mails.
Very respectfully.
JAMES NJ. TYNER,
Assistant Attorney General.