The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-12
IT'S UNDER FIRE.
Representative J. K. CubbisOn's
Anti-LOttery Bill.
Will It Really Stop Lotteries, as
It's Friends Say,
Or Is 1t Merely a Cleverly
Worded Makeshift
IN THEIR INTEREST
AS It's Enemies Allege, That is
: the Question.
Some Say the Lottery People
Are Backing 1t
BECAUSE OF FLAWS
That Will Make 1t of No Effect
After Passage.
Full Text Of the Bill as it Passed
the House.
Some Say the Lottery People
Are Backing 1t
BECAUSE OF FLAWS
That Will Make 1t of No Effect
After Passage.
Full Text Of the Bill as it Passed
the House.

Inc CuDblSOn antI-IOtterY bill which
passed the house Wednesday afternoon
and is now the subject of debate in the
senate as we'll as discussion in Topeka
and Kansas, and will not become law
until the mem bers of the senate are fully
convinced that it is a constitutional
measure.
Section of the bill is the part of the
measure which is regarded with suspic-
ion by Senators Brown and OBryan.
For the benefit of readers OF the STATE
JOURNAL the entire bill is given below,
including its title.
The bill reads as follows:
An Act to prohibit lotteries, gift enter
prlses, policy and any scheme in the
nature OF lotteries.
Be it enacted by the legislature of the State of
k.nSas
SECTION I. Any person who shall
make, establish or promote, or aid or as
sist in making, establishing or promot-
ing. or be in any manner concerned,
either by writing or printing or other
wise, in making establishing or promot-
ing any lottery, gift enterprise, policy or
scheme Of drawing in the nature of a
lottery, in this state, or shall knowingly
advertise or make public, or cause to be
advertised or made public, in any
manner, any lottery, gift enterprise,
policy or scheme, in the ma
ture OF lottery, whether the
same is being, or is to be conducted, held
or drawn within or without this state,
and every person who, within this state,
shall conduct, operate. manage or super
intend any lottery, gift enterprise, poll
cv or scheme in the nature of a lottery,
or, who snail in any manner assist or par
ticipate in so doing, shall be guilty of
felony, and upon conviction, shall be
punished by Imprisonment, at hard la
bor in the penitentiary, for period of
not less than one year nor more than
three years.
SEC. 3 Any person who shall sell, or
offer to sell, or expose or keep for sale,
! or advertise for sale in any manner, or
be in any wise concerned in the sale, the
| offer to sell, exposure to sale, or in ad-
vertising for sale, any lottery ticket, or
pretended lottery ticket. or any writing,
printing, token, device or thing, intended
TO evidence the right of the holderst q
chance to receive any money or valu BILE
thing as the result of any lottery draw
| ing, and any person who shall
sell, offer to sell, or advertise
| for sale the chance to receive auy
money or valuable thing from the oper-
alton of any real or pretended lottery,
gift or enterprise, policy or scheme in
! luO udt0A0 O4 q 4OblOLfs ouQ oil UCI5On
| who shall have in charge and use any
device in determining the chance upon
which property Or money is to be pro-
| cured either in whole or in part at
another'5 expense shall be guilty of a
! felony, and upon conviction, shall be
! punished by Imprisonment at hard labor
in the penitenJiary for term not less
than one year nor more than three years.
SEC 8. In any prosecution under the
preceding section, it shall not be neces-
! sarv to prove the actual existence of any
lottery, gift enterprise, policy or scheme
in the nature of lottery, or the authen-
tication of any such ticket, pretended
ticket, certificate. token, device or thing,
or the genulneness of any signature
thereto, or that the same was issued by
authority of the manager of any such
lottery, gift enterprise, policy or scheme
in nature of drawing.
SEC 4. Any person who. by way oi
lottery, or by any scheme in the nature oi
lottery, disposes of anv property o
value or under the preteXt of a sale, gif
or delivery of any other property or any
right, privilege or thing whatever, dis
poses, or offers, or attempt to dispose o.
| property, with Intent to make the dis
posal thereof dependent upon, or con
nected with, any chance by lot. dies
numbers, game hazard or other gambline
device, whereby such chance or device il
made an additional inducement to the dis
posal or sale of such property, and who
ever aids, either by printing or writing
or is in any way concerned in the set
ting up, managing or drawing of an.
such lottery or in such disposal, or offe
or attempt to dispose of property by an,
such chance or device, shall be guilty O
} felony and upon conviction shall b.
punished by Imprisonment at hard Iabo
in the penitentiary for term of not les
than one year nor more than two years
SEC 5.-Any person, in any house
shop. building, lot or premises under hi
, control, knowingly permits the doing o
, any of the acts made felonies by this ac
shall be guilty of a felony, and upo
conviction shall be punished by impris
onment at hard labor in the penitentiar
for term not less than one year no
more than two years, and when any ter
ant knowingly permits the commission
| of any such ofenses upon the lease