St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-10
CALLED A LOT Terry !.
Supreme Court Sits Rudely
Down on the Clubbing
Scheme. =
It Also Reverses Itself in the
Matter Of Railroad q
Bonds. II
#!
Important Deposition in; the
Suit to Recover Boom
Island.
Sheriff, Bean Brings -aektt
Weber, the Gay L
Elopep. q.

Frank G. M oran, the Minneapolis
tailor arrested and convicted of doing
business that was in violation of the
lottery laws of Minnesota, will have to
pay the fine prescribed by the Minneap-
oils municipal or the Hennepin county
district court. Mora MS scheme was to
have forty men form club, and, by
paying 81 down. take chance at secur-
ing $40 suit of ciother at drawing to
be held that or the following week, OF
course only one of the forty could Sc
cure suit that week, but the thirty
nine remaining ones might put up 81
each and take chance at the drawing
for another suit, and SO on. As soon as
man was lucky enough to draw suit,
he dropped out without paying in any
more money, and when man had paid
in $40 he could obtain a suit
OF clothes, no matter whether he
held lucky ticket or not. The scheme
was satisfactory to the lucky fellows.
but the unlucky ones soon commenced
to make trouble. One of the latter hap
pened to be l.. l.. Harmon, in Room 6l0,
Boston block. Minneapolis, who had
Moran arrested under section 2S2 of the
penal code. relating TO the lotteries.
The lower court held Moran guilty, and
imposed fine. Moran appealed, but
the appeal availed him naught. Justice
Vanderburgh refers to the matter at
length in his opinion, and among other
things, says:
''Ihere was an arrangement for a
drawing by lot and the so-called ''cou-
pons" answered to lottery tickets, EN-
titling the holders to participate III the
chance of winning property of much
greater value than the sum paid for the
coupon and the fact that the holder
had the option to receive in goods the
amount already paid would probably
operate only as an additional incentive
to purchase the coupons in aid OF the
lottery scheme. 1t does not take the
scheme out OF the statute. ~
They were not bought in order to
get their face value i'll goods. The Vi
ciouS element still inhereS in thetransac-
ton. Patrons come into lt,ssWlth the
hope and chance of winning a $40,.suit
by lot for the price of coupon" The
sale of the ticket gave the purchaser the
chance to obtain something more than
he paid for and that became an extra
inducement for the purchase"
The syllabus is a lengthy one, and
carefully reviews every point raised by.
the attorneys for the defense, and under
these are good many more business
transactions" in the Twin Cities, and
other Minnesota towns, that can. pc
termed lotteries. 1t reads:
State of Minnesota. respondent VS.. Frank 6.
Moren. appellant Order sdenying a new
trial affirmed, and case remanded.
VANDERBbRGH, IT, ,
Under the statute, Penal Code, section
2S2. any scheme for the distribution Of
property by chance among persons who
have paid, or agreed to pay, a valuable
consideration for The. chance, is a lot-s
Pie statute is. intended to reach, ALL
devices i'll the, nature, of, lotteries in !
whatever form, and, the courts, will stoa-,
crate no: evasloiis for tie continuance Of.
the mischief, which it is. intended To-
~ s - y =
Where s'clubs" of forty persons each
were; formed by merchant tailor for
the disposition of suits of clothing. each
of the stipulated value Of $40, by lot,
under nominal contracts of purchase,
the price to be paid In weekly Install
mentS of 81, each, such payments en-
titiing the holders of tickets to partici-
pate in weekly drawings 10y lot, with
lHo cilaHct OI SECURING SOOuS VI tlfe
value Of $40 at any drawing without
further additional payments than the
weekly installment then paid, held a
lottery within the statute.
Members enter into the scheme with
the chance and hope OF winning $40 by !
lot for the price OF ticket.
A provision in the contract that each
member OF the club should eventually
receive suit OF clothes, when he should
have paid $40, if not previously drawn,
or that he might withdraw at any time
and receive 1.-THE value of money paid in i,
on said contract in merchant tailoring" 4
does not make the scheme any the less
lottery, or take it out of the operation
of the statute. The sale of each ticket
gave the purchaser chance toobtain
something more than he paid for.17