The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-11-30
GUESSING GO TESTS DOOMED.
An important Opinion by Attorney
General Moody.
He Declares That Such Contests Coaae
Under the Law Prohibiting the Circu-
lation OF Lottery Advertisements
Through the Mails.

Washington, Nov. sS-An impor-
tant meeting Of the Cabinet was held
today. Two questions Of concern;
particularly, were considered, the
first being the appointment by the
President of an American naval officer
on the North Sea tribunal, and the
other being an opinion rendered by
Attorney General Moody regarding
the legalit5 under the lottery laws,
of guessing eontests,'' ? which have
been conducted by hany newspapers
and magazines. ssttsszaas. settled ded-
nitely that the appointee' 70 the tribu-
nal would be a rear admiral Of the
navy. It is practically certain that
the selection viii be made from among
three oficers-Rear Adniials Davis,
Chadwick and Sands. Admiral Dewey
let it be understood that be does not
care for the honor.
Attorney General Moody's opinion
on guessing. contests is of a most
sweeping character, and while the
Postmaster General has no inclination
to work hardship upon anybody, he
will put the Attorney Generals judg-
ment into effect as soon as may be
Practicable. He realizes that many
thousands Of people have invested
small or large amounts of money in
the various schemes in the hope or
expectation, in the words of the opin
ion that luck would enable them to
win large returns. =" A comparatively
small percentage Of the participants
will realize their expectations, con-
tinues the opinion. Thousands will
get nothing.'' The Attorney General
says the schemes are, in effect, lotter-
les under the guise of guessing con-
tests.
Hitherto the postoAce department
has been operating in respect to
guessing contests under opinions rem
dered by the department. of Justice.
These opinions have held that where
persons could use dope book'' or
records, or scientific ssinformation, in
making their calculations, their
guesses were an application of knowl-
edge which, in the view of the Attor-
ney General, eliminated to 81 extent
at least, the factor of chance. The
opinions held, to quote one of them
directly, that calculation, foresight
inquiry, knowledge and information
enable the participants TO approximate
the correct results, and the use of the
mails in promoting such enterprises is
not violation of the laV.''
Attorney General Moody points out
however, that "since these opinions
were written the Supreme Court Of the
United States and the Court of Ap-
peals, of New York, have ruled that
cases Identical in principle to these
under consideration were guessing
contests.
Postmaster General Wynne tonight
gave out statement, saying:
Gas number of legimate business
enterprises have adopted these esti-
mating or guessing contests as a
means of advertising and i'll view Of
the admission to the mails of matter
pertaining to these contests within
the last few years, the elimination of
these schemes from the mails cannot
be made Immediately absolute. If
such scheme has already been enter
ed upon in good faith, the depart
ment will not issue al ORDER that will
seriously injure legitimate business
Each case will be handled separately
AID no scheme which involves the
plan ruled against by the Attorney
General wiz hereafter be allowed to
commence operations.