The San Francisco call., 1896-04-14
NO LAW FOR LOTTERIES,
Supreme Court Decision Lets the
Evil Thrive in San
Francisco.
NO CRIME TO HAVE TICKETS
So Chinese Lotteries Are Booming All
Over Town-Some Faulty
Ordinances.

Chinese lotteries are now running in
San francisco on more extended scale
than ever before, and agents for the gam
pllng concerns are plying their trade
openly without fear of police or courts.
Such radical change has been brought
about by recent decision of the Supreme
Court of California under which it is now
no crime to be caught with lottery tickets
in ones possession. Lottery ticket az ents
and dealers may carry on their business as
if it were a legitimate branch of trade, and
there is no law to punish them.
A test case was made in Los Angeles bv
the attorneys of All Ling, Chinese, ar
rested for an alleged violation of the lot
terry ordinance. All Ling had been an
agent for Chinese lotteries and when the
police arrested him he had several tickets
IN his spacious pockets. He was tried and
convicted. An appeal was taken to the
Supreme Court of California with the re-
suit the defendant was acquitted. A
clause in the ordinance which read, ''Un-
less said possession shall be shown to be
innocent or for lawful purpose" settled
the question.
According to he ordinance it was
clear case of placing the burden of proof
on the defendant, and that of course was
contrary to all principles of law and JUS
Jice.
The San francisco lottery ordinance is
the same as the Los Angeles one, and has
the same Identical clause at the end. So
the decision has been quoted in the local
Police courts with the effect of compelling
prosecuting officers to dismiss Chinese ac-
cused of having lottery tickets in their pos
session. The Chinese were not slow to
take advantage of the situation, for they
are already opening lotteries and pushing
the sale of tickets in every conceivable part
of the City. No place, it seems, is secure
from the opportunities of those agents.
Even the home is invaded, and schools
while no business house, Office or store is
forgotten.
John T. Dare, prosecuting attorney of
Police Court g. declares that there can
be no remedy for the knocked-out ordl-
nance until the Legislature meets. Mean
while the evil is destined to spread and
thrive in all grades of society where the
spirit of gam bling exists.
owe are compelled to dismiss Chinese
charged with having lottery tickets" he
said. 1--WE have to show that the man
was actually caught making the tickets or
participating in lottery before one can
hope for conviction. Hence the bold
ness of the Chinese. The Chinese lotteries
are multiplying daily and their agents are
holder than ever. These fellows are now
extending their operations to private
families. Chinese vegetable and fancy
goods peddlers find access to the houses
and sell tickets to the servant girls and
children. Many barber-shops have the
tickets on sale and then again Chinese
servants, attendents in lighthouses and
laundrymen are agents.
"A great many people are selling lottery
tickets, both of the Chinese and American
class. 1t is common now for woman to
visit YOUR house and canvass for hook
After short conversation she will Incl
dentally speak about lotteries and then
use her persuasive powers to sell tickets.
The hazard spirit appears to De growing
last In San Francisco, and the rising gen.
Grafton is being educated up to it on all
sides, while all manner of obstacles are
thrown in the way to defeat the ends of
justice"
Can you suggest a remedyP"
81 don't think we can do anything till
the Legislature meets. The Board of
Supervisors cannot make an ordinance any
stronger than the one we have. This
clause nulEties it.. The police are doing
everything in their power to stop the traf-
tic, but it seems utterly impossible to con-
vict Chinese.
''The criminal element is taking ad-
vantage OF this Supreme Court decision on
this clause of the lottery ordinance to
make it apply to the ordinances relating
to carrying burglar tools and concealed
weapons. The same clause appears in
each ordinance, so that the claim is made
that man cannot be convicted of carry
ing burglars tools. The burden of proof
according to the ordinance would rest on
him. The same applies to the charge of
carrying concealed weapons. A test case
may be made to try if the Supreme Court
will not look upon these ordinances as it
has. done with the lottery ordinance"