The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-01-30
THOSE LOTTERY CASES.
Important Hearing To Come Before
Judge Walton.

The Cases Date Back Several Years-The
City May Not Get the Cash.
Today case Of great interest to
the city Of Portland and the county Of
Cumberland will be tried before Judge
Walton as referee. County Attorney
George Libby and City Solicitor Carroll
W. Morrill, will represent respectively
the interests Of the county and city. The
matter in controversy Is the division of
fines coming from some convictions under
the act prohibiting lotteries or games Of
chance and the amount involved is some
thing like $3.50 which Is claimed by the
city of Portland.
The statute under which these convic.
tions were mnde states that half Of the
fine in q conviction under this act prohib-
iting lotteries shall 60 to the town in
which the conviction Is made and half
shall go TO the person making the com.
plain. In this case the city of Portland
was the town in which the violation of
the act occurred and MIR. Trickey. at that
time city marshal Of Portland, was the
complainant, but under the contract with
the city the city marshal's share Of
these fines reverts to the city, so that
Portland claims the entire amount of the
fines.
These convictions occurred when
Charles A. True ESQ. was county attor-
ney and when MILFORD q. Chapman was
the city solicitor.
At the May term of the Superior court
OF Cumberland county Ave persons were
convicted OF violation of the act prohibi
ing lotteries and the aggregate fines
amounted to 5000. All of these persons
with ono exception were arrested by the
Portland police, bound over to the Super
Tor court in the Municipal court, In
dicted by the grand jury and pleaded
guilty In the Superior court and were
fined all the way from 500 to 81, 900.
The case Of which exception Is made Was
indicted by the grand jury on complaint
Of the. Portland police. The fines accord
ing to the sentences were to go to the use
of the state and the lily of PortlRnd's In
terest in the fines were not referred 10 in
| any way at that time nor was the city of
Portland represented by Its legal repre-
sentative when the convictions occurred.
The fines were duly paid to the clerk of
courts, transferred by him to the county
treasurer and by the treasurer turned over
to the state.
In SEPTEMBER. 1895, fines to the amount
| OF $3.50 were collected for the violation
Of this lottery act and in these cases the
| arrests were made by the officers of the
city OF Portland and the fines were paid
into the county treasurer and by him
transferred to the state
The action was brought by the city
against the county and by agreement OF
counsel referred to Judge Walton, the
county and city each agreeing 70 bear
half the costs Of the referee
The delay in hearing the case Is not ex-
planned but Today 1t will te argued
by the county attorney and city solicitor
before Judge Walton. 1t is said that the
city may find some difficulty in collecting
the amounts claimed by it even II the
referees decision is In favor Of portland
as the moneys have long go been handed
over to the state aud by the state ex
pended.
| 1t Ia q most interesting case at any rate
and though the amount involved is not
| large the decision on the matter may
have great influence on the future settle
ment OF cases OF this kind arising under
| this statuta