Evening journal., 1899-06-26
STILL DEFY THE LAW
SchiIIing Dry Goods Co. Per-
sues Its Nefarious Work.
TIE GOVERNMENT HANDICAPPED

ERS THE SCHEME OF THE COM
PANY LOTTERY. PURE AND SIM
PIE.
The Grand Gift Enterprise" of the
Schilling Dry Goods Company still
continues, and in spite of the repeated
references to the fragrant violation OF
the state laws relative TO gambling the
attorney-general remains as dumt
as an oyster. Neither he nor his dep
uty can plead ignorance, and il is now
in order for fakirs and bunco steerers
to make Wilmington their headquar-
ters The door has been opened and II
the Schilling Company can conduct Q
lottery at its store there is no reason
why "Bunco Jack" should not open M
a keno game and give out pairs OF
shoes and silk hats as prizes.
In striking contrast to the inanitior
OF the states Officers is the prompt ac'
ton of the Federal Government. On
June the Post Office Department re
ceived its first notice OF the violation
of a Federal statute and on the 9TH tn,
postmaster got his orders
Then the Daily Republican, in {
spirit of bravado, perhaps, or because
il was paid for it, on June IL, publish
ed an editorial paragraph referring t
the lottery scheme and rejecting OF
the assistant attorney for the Post OF
flee Department The result was th'
following letter sent to that Official a
Washington;
Wilmington. Del, June 10, 1899
Mr.. James N. Tyner, Asst. Atty.
Gen. for the p o. Dept, Wash
ington, ID. G.
Dear Sir: The clipping herewith
is taken from the Daily Republi-
can of this city OF Monday, June
II, and / am informed appeared
in the entire edition of that paper,
in the editorial columns. Will you
kindly make a ruling on the adj
instability of this class of matter
into the mails?
The disposition Of the Schilling
Dry Goods Company seems to be to
set the laws, both State and Fed
eral, at defiance, and they have
continued their advertising not
withstanding the protests made.
VIII you also kindly make q rul-
ing on the liability of a newspaper
which makes q mail edition of the
paper without the offending ad-
yertisement and a local edition
containing the offending adver-
tisement in case some one other
than the newspaper should send
through the mails copies of the
edition which contains the pro-
hibited advertisements?
The offending company having
ignored the warning given, will
you also rule as 20 cutting off its
mail privileges on suspicion OF
there being in the mails orders for
goods and the lottery tickets in
reply to the advertisements? Or, at
nc least, inform me whether such
mail is subject to the close scru-
tiny of the department.
The following reply was receive
-rom the Post Office Department:
Onice Of the Assistant Attorney
General for the Post Office De-
partment, Washington, June 10,
1899
Sir: For answer to most Of the
inquiries and suggestions in yours
OF the 18th instant, I refer you to
the postmaster at Wilmington who
will show you my letter to him Of
the 9Th instant. holding that the
advertisement OF the Schilling
Dry Goods Company is the adver-
tisement of a lottery, and also my
letter TO him Of this date, giving
him instructions as 10 how he shall
bring the notice OF my ruling to
the several newspapers in your
city.
There is only one inquiry in
your letter which is in my judg-
ment not fully answered by the
correspondence TO which I have
suggested you can have reference.
Il is this: That the lottery law
contains prohibitions against
newspapers which are offered for
mailing or delivery. and to no
Others Local editions OF any
newspaper containing a lottery
advertisement is not such a publi-
cation as can be dealt with under
the provisions og the law unless Il
should be offered Tor mailing, In
which case its status would be the
same as any other newspaper Of
fered for mailing containing such
offensive advertisement. OF course
the law prohibiting the mailing OF
lottery matter applies 10 any per-
son as well as to an editor or pub
Usher. and hence, any person who
with intent to violate the law cun-
mits such publication to the mails
is liable precisely as any othel
person would be.
Very respectfully,
JAMES n TYNER,
Assistant General fol
the Post Offioe Department
File S23
On receipt OF the above the pOstm
ter was called upon for his end Of
correspondence. which is as follows
Office OF the Assistant Attorney
General for the Post Office De
Dartment Washington. June II
1893
Postmaster Wilmington, Del.
Sir: l learn by correspondent
with parties in Wilmington, tina
the Daily Republican. Of that cit.
under date Of the 18th instant (si
days after my letter 10 you OF tn
6th instant on the subject). con
tanned an editorial referring to th