The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-16
MEANING OF THE LAW.
The City Flooded With Coun-
terfeit Tickets and Fake
Companies.
ADVERTISEMENTS OF SLAMS.
FIoor-WaIkers, Managers and Con-
tractors Sell Tickets to Their
Employees.

Section 322 of the Penal Code Of Cali
fornia:
Every person who aids or assists either
by printing, writing, advertising, pub
fishing or otherwise In setting up, man.
aging or drawing any lottery, or in sell
ing or disposing of any tickets, chance
OF share therein is guilty of misde-
meanor-
This is the law of the State of California
on the subject of lotteries. Possibly bet
ter law might be framed, but until 1t has
been the present law would seem to be
adequate, or, at least, good working law,
under which everything that may be done
to suppress the pernicious traffic In lottery
tickets and lottery advertisements should
at least be attempted.
In the opinion of one of the best posted
lawyers on the lottery-law question in San
Francisco, the present law, as embodied IN
the section quoted, is broad enough to in
clude within its inhibition and condemna-
ton the advertising of the drawings of lot
teries, such as appears in many of the
daily newspapers.
1t has been decided-as District Attorney
Barnes pointed out in his interview in
Yesterdays CALL-that advertising the
RESULT of past drawing is not contrary
to law, while the advertising of FUTURE
drawing is unlawful. But this decision,
, to say the least, was very narrow. The
Louisiana Lottery Company, for example,
is a CONTINUING lottery scheme, and
the section quoted says that "any person
who AIDS OR ASSISTS, either by PRINT
ING, WRITING, ADVERTISING, OR
PUBLISHING, ETC., is guilty of misde-
meanor.
The language would seem to be plain
enough to one not seeking for loophole
whereby the guilty may escape, and when
il is viewed in the light of section of the
Penal Code, would seem to give the courts
ample jurisdiction in the matter. Section
reads:
The rule of the common law. that penal
statutes are to be strictly construed, has no
application to this code. All its provisions
are to be construed according to the fair
import of their terms, with view to
effect it's objects and to promote Justice.
Applying the rule laid down in this Sec
ton to the words and the spirit of section
2-constructing and Interpreting section
800 in the manner laid down by section 4
of the Penal Code-there can be no doubt,
declares the eminent legal authority re-
ferred to, but that the newspapers which
advertise drawings of lotteries that are
continuous are violating the law.
Surely, to the layman of intelligence,
whose only motive is to uphold the laws of
his State, this view of the lottery question
would seem to be both good law and good
common sense. Surely, a Judge and q
Jury, actuated by no other desires than to
IL. To- how nd
scarcely refuse to convict under this law
were the facts of the case beyond dispute,
or past the proverbial reasonable doubt"
1t is doubtful, too, whether a court, bent
on finding way out for the accused, could
be kept in bounds by any law that man
can frame. After all, the matter rests
LARGELY upon the disposition of the proper
authorities, it would seem, and behind this
disposition lies public sentiment on the
question. 1t need not be difficult to en-
force a law that has the encouragement
and backing of a strong public sentiment,
while if the sentiment be lacking it will
always be difficult to enforce the law.
Just at present there is an awakening
of public opinion on this baneful traffic in
lottery tickets and advertisements, and
the time would seem to be ripe for some
determined move in the matter on the
part of the powers that are. 1t is more
than likely, too, from present indications,
that the anti-lottery agitations will result
in a thorough testing of the existing
statutes, not only as regards the news
paper advertising of lotteries but also of
the real or fancied immunity from the
lottery law under which the telegraph
companies now accept business from the
lotteries and their agents.
The law reads that every person who
AIDS or ASSISTS in setting
up, MANAGING or DRAWING y
or in SELLING or DISPOSING of any
tickets, etc., is guilty Of a misdemeanor."
Messages conveyed to and from lottery
companies and their agents in this State
over the Geographic wires surely aid and
assist both in the management of the lot
terry company and in the disposing of its
tickets. or else the English language is at
fault. The bare truth is that lotteries
could not be conducted-now that the
mails and the express company is closed
to their messages-were it rot for the
friendly offices of the telegraph companies
Aside from the telegraph, there is no
practicable manner of communication be-
tween the lottery company and its agents.
and without this medium of communica-
ton the lottery companies could not carry
on their pernicious traffic in this CITY and
State.
1t is the opinion of several well-posted
attorneys who were interviewed yesterday
that the telegraph companies could be
made amenable to the existing State law
concerning lotteries.
THE LOTTERY FRAUDS.