The herald., 1897-11-11
Merchants With Lotteries
to Be Prosecuted
COMPLAINTS TO BE ISSUED
THE SHIELD REVERSED IN THE
LASSELL MATTER
Case Against Charles Harrison Dis
missed-Hoffman Lucky Es-
cape-McStay Avenged

ing lately among the local mercA nts
and it is about to be stopped. The fla'
has gone forth that the drug store:
must send away their Shetland ponies
sell the phaetons for what they viii
bring and resume business for straight
cash. Bicycles, gold watches, diamond
rings and other articles that are being
held out as bait to the purchasing pub
lie must be retired from view as premi'
ums. and business continued on what the
law regards as legitimate basis.
1t has often been contended that the
spirit of gambling is inherent in human
nature; that it is common to all races Of
men, and that consequently there is JUS
tification for gambling. Stock and grain
exchanges, the insurance business and
other vocations engaged in by tens OF
thousands of men are cited as examples
of ventures conceived and carried out
in the gambling spirit.
1t is perfectly true that he would be
bold man who attempted to define by Q
rigid line where speculation ends and
gambling begins, but people raising OBJ.
~~~>
gambling habit misconceive the pur-
port of the law. To gambling per Sc the
law does not object, but when the public
is being affected in such way as to prove
injurious, then gambling is contrary
to public policy under the law.
The gift enterprises that are so COM
mon a feature among the Spring street
merchants began with the drug stores,
and so far the possibility of purchaser
winning team of ponies and phaeton
has proved the most successful device
to attract patronage. But to the num-
Der of druggists who have refused to en-
gage in this lottery feature the matter
has proved hardship. They had to
stand still and see their trade drift away
as each customer has the gambling in
stinct quickened into activity by the
chances offered at some opposition es-
tablishment. 1t was either this or else
drift with the tide, and then honors
would be even; no one store would reap
advantage beyond what he had done be-
fore the lottery feature was inaugurated.
Each merchant would be out of pocket
and the public would be thoroughly de-
moralized.
| Not wishing to be compelled to either
alternative, the proprietors of drus
stores who, to date, have pursued the
even tenor of their way without protest
have united in common cause. Lega
counsel has been retained. and yesterday
this gentleman had an interview with
the district attorney. He wanted to
know definitely wheteh irf complaints
were applied for against certain drug
c6rtiOnS of the
Penal Code, they would be granted. The
matter was referred to Deputy District
Attorney James to look into and it did
not take him long to find that the entire
scheme of lottery premiums, as now
carried on by certain drug stores,
and mercantile establishments, falls,
without doubt, under the ban of the law.
Section 319 of the code defines lot
terry, rattle and gift enterprise; the Sec
ton following defines the technical Of
fense and the third section is sufficiently
broad in it's scope to entangle any one,
whether proprietor, agent or clerk, who
handles a ticket for lottery, rattle or
gift enterprise.
These sections read as follows:
Sec 319 A lottery is any scheme for the
disposal or distribution of property by
chance, among persons who have paid
or promised to pay any valuable consid-
Grafton for the chance of obtaining such
property, or portion of it, or for any
share or interest in such property, upon
any agreement. understanding, or expec-
tation that it is to be distribuated or dis
posed of by lot or chance, whether called
a lottery, rattle or gift enterprise, or by
whatever name the same may be known.
Sec. 800. Every person who contrives.
prepares. sets up, proposes. or draws any
lottery is guilty of misdemeanor.
Sec 32l. Every person who sells, gives,
or in any manner whatever furnishes or
transfers to or for any other person any
ticket, chance, share. or interest, or any
paper certificate or instrument purport-
ing or understood to be or to represent any
ticket, chance, share, or interest in, or de-
pending upon the event of any lottery, is
guilty of a misdemeanor.
These sections completely cover the
church rattle as well as the more popu-
lar, though not so politely regarded, faro
or roulette. 1t is true that shrewd law
yer might pick a hole in the law as thus
defined sufficiently large to allow an
offender to creep through, but, as If to
guard against any misinterpretation OF
the above sections. the code commission
has said as follows:
"In the popular use of the above men,
toned terms, a lottery is a distribution by
chance of several prizes among purchas-
ers of separate chances; a rattle is dis
posal by chance of single prize among
purchasers of separate chances; and gift
enterprise is a disposal of property in
mass to a body of shareholders. upon an
understanding or expectation that they
will decide it among themselves by chance.
l., on oh Of fbic 1ecorpt ion a
involved in a common condemnation and