Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-30
THE CABINET
Joins President in Dis
cussing Weishty Matters.
Guessing Schemes" Are Fin.
ally Adjudged as Lotteries.
Representative to North Sea Hearino
to Be Chosen.

washington. Nov. 29-Nn inlDort a nj
meeting of the cabinet was held. to-
day. soon after the arrival of President
Roosevelt from st. Louis. The appoint
ment by the President of a representa-
tive az the American government who
VIII be a naval officer of high rank on
tn" tribunal which is to determine the
Questions which nave arisen between
Great Britain and Russia over the
North sea incident was considered.
W hen the cabinet adjourned no definite
apppinIcc had been selected. 1t is pfac-
tically certain. .loWeVer that the stl.c-
ton will he mace from anong three Of
tic-rs-isear AGmirals Davis. chadwick,
and Sanus. ADMIRAL Dewey was con-
sidcrcd. Dut ne has let it be- known
that h, ,toes not care for the honor. An
ANNOUNCEMENT Of the appointment may
b. expected III 4 few days.
Some time ago, on the request of
Postmaster General Wynne, the Pres
ident directed the attorney general to
submit to him IN opinion as to the
propIiciy under the law, restricting
the operations Of lottery enterprises
through the mails. Of guessing contests
of various kinds which have been fea-
lures of MANY publications for several
years. That opinion was submitted
today. and was turned over by the
President to Postmaster General
Wynne. who hereafter Will be guided
H. his direction OF the department
by it.
The opinion IS of sweeping character.
ard while the postmaster has no incli-
nation 10 work hardship upon anybody,
he Will put the attorney generals
Judgment into effect as soon as may b."
practicable. He realizes that many
thousands Of people have invested
small amounts of money III the various
schemes in the hope or expectation, i'll
the words OF the opinion. that luck
would enable them 10 win large re
turns.
a comparatively small percentage
Of the participants will realize their ex-
expectations" continues the opinion
Tho lstnd> Will get nothing.
The attorney general says the
schemes ara, in effect lotteries under
the euise Of guessing contests. Hither-
to, the post office department has beeh
operating in respect to guessing con-
tests under OpllllhliS Ie!'"eitu " 'h'
department of justice.
These opinions have held that Wnere
rersors ould use Il book of records
of scientific information. il making
their calculations. their gu.sses were
an application Of knowledge. winch IN
The view of the attorney general. elm
mated to an extent. at least. the lac
~ If chance. The opinions held. to
quote one OF therr directly. that the
"cAIculation foresight. knowledge. in
t,uiry and information enabled the par
ticipants to approximate the correct
results and the use of the mails in pro-
noting such enterprises is not viol;t'
ton of the law.
Attorney General Moody points out.
however that since these opinions were
written the supreme court OF the
Emitted States and the court of appeals
Of New York have ruled that cases
identical in principle to these under
consideration. were guessing tests.
Postmaster General Wynne indicated
t..i!t il was no, his purpose to Apply the
opinion % Mr.. Moo ~ indiscrimnately
saving it was his intention to consider
,nch case brought before the depart
ment on us llluisfuudi iileIltS.
1t is likely. too. that the opinion Will
not De made in any sense retrospective,
SO far IS the pos;nttice department is
concerned hut that it will be put in
orcratiOn in such a way and at such
time us may he least embarrassing to
the promoters Of or the participants III
the guessing contests.
Postmaster General Wynne. tonight.
cave out the following official state
.nent:
FOR Il number Of years the postoftice
department has admitted to the mails
advertisements and other matter con-
corning sO-called guessing or 'esti-
mating contests. The question of
whether or not these schemes are lot
teiies has been several times presented
10 The attorney general, who held that
they were not lotteries within the
meaning of the postal lottery act. In
view- of two recent cases in which the
supreme court ana the New York court
of appeals rendered opinions, the post
master general is now warranted in
again submitting the question to the
attorney general Following the opin-
ions in these two cases. the attorney
general row holds that the schemes
are lotteries.