The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-15
DEFECTS OF THE STATUTE
District Attorney Barnes Points
Out Weak Spots in
the Law.
HOW ADVANTAGE IS TAKEN
Why Indictments VIII Not Hold
Against Publishers of
Lottery Ads.

At a committee meeting of the Civic
Federation, yesterday afternoon. the sub
ject of the suppression OF lottery-ticket
selling and lottery advertisements came up
for discussion The sentiment OF the CON-
mittee was unanimous upon these three
important points:
That the lottery evil is one of the CREST
est enemies OF the public veal. having a
tendency to encourage the gambling in
stincts of both men and women, and. in a
corresponding ratio, to discourage thrift,
in the vain hope of acquiring wealth with
out returning an adequate compensation
to the community, with the result that
thriftlessness and poverty inevitably follow.
That the existing laws against the lottery
evil should be enforced by the authorities.
and that wherever the existing laws are
inadequate to suppress the evil they should
be amended or supplanted by more effect
i've ones
That the CALL deserves the thanks of all
law-abiding citizens for the determined
stand II has taken in the matter, and that
the example ii has set of closing its
columns TO the advertisements and read
ing notices OF the lottery companies should
be emulated by all the other daily news
papers that have Il due regard for the SEN
whose patronage they enjoy.
1t was quite an informal meeting and
had not been called for the purpose OF
discussing the lottery question. The anti
lottery agitation, however, is SO directly In
line with the work OF the Civic Federation
that the consideration OF the matter came
about quite naturally, and the discussion
that ensued was most interesting one.
As result OF this committee meeting il
was resolved TO lay the matter before the
Civic Federation as a whole at its next
meeting and advise that body that steps
be taken to strengthen the agitation
against lotteries with the active and moral
strength of the federation.
lit is certainly one of the great evils of
this communicative traffic in lottery
tickets and the newspaper advertisements
concerning the drawings" said c. c. Ter
rill, one OF the leading members of the
Civic Federation, land I think the citizens
of this State should not hesitate to give
their emphatic approval to the course
pursued by the CALL in this matter.
II think they will, too, and that there
are not lacking signs of appreciation OF
the splendid example set by the CALL in
ruling lottery advertisements out of its
columns You see, the daily newspaper
has deal of power in a community, and it
would seem to me to be either very heart
less, a very careless, or a very mercenary
newspaper proprietor who can lend the
great influence OF his newspaper to such a
poor mans fraud-one that is not only
morally wrong on its face, but illegal at
the same time-as that of the lottery
business.
Il am not authorized to speak for the
Civic Federation in this matter, but |
know the sentiment of the men who COM
pose that body, and | know that sentim ent
is strongly against all forms of gambling,
and particularly against that most per-
nicious form of gambling in the shape of
lotteries. 1t is a work, too, that is entirely
within the scope of the federation, and
have no doubt but what that body will do
what it can to further the anti-lottery
agitation.
Personally l don't know that l am in
favor OF adopting the recommendations of
the Grand Jury on the subject; that is, of
making the offense of selling a lottery
ticket or advertising the drawings felony
instead of misdemeanor. Ny opinion is
that such a law would be difficult to en-
force. A jury would hesitate to convict a
man of a felony on the bare charge of sell
ing lottery tickets. don't say that this
hesitancy is right, or that if l was a Juror
in such a case | should have such scruples.
l only state it as a fact, and fact, too,
that 1t is we'll to take cogniZance of in de-
teTmining the best method to be pursued
in putting down the evil. My opinion is
that the penalty should be moderate, but
that the law should be enforced to the
letter. The law should be certain and it
should be enforced most strictly. There
should also be strong public sentiment
aroused on the subject, and the people
should be taught that it is wrong to try to
get something for nothing. OF course, they
never. Will get it by following the
lotteries, but the principle of the
thing is the same. The man who
gets something for nothing robs
somebody - there can be no doubt
about that. 1t is this instinct of gambling,
whether in wheat or in stocks or in lottery
tickets, that is the curse Of every COM
munity. And the lottery business is the
worst OF all because it is form of gambling
that can reach the greatest number Of
people. To stop gambling it is well to be-
gin at the be ninninc-at the lottery t,.a s.;