New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-30
BAN ON GUESSING TESTS
HELD TO BE LOTTERIES.
Postofce Department to Bar Them
from the Mails.
IrroM THE TRIBUNE BuREAUl

uaabinrton Nov 29.-The day of the guessing
contest is numbered for the Postoffice Department
is preparing exclude this class or business from
the mails After the Cabinet meeting to-day Post
r,setrr General Wynne announced that the task
OF wedding out the objectionable enterprises would
be begun in earnest and, fast as possible those
that are Illegal will be separated from those tnat
are legitimate Few contests. 1t is believed. will
survive the sitting process. for practically all OF
them are held to be within the scope of the anti
lottery statute.
NEWSPAPERS that conduct political guessing
schemes for the purpose OF booming their circua-
ton; magazines that find new subscribers by IN
viting estimates OF the number Of immigrants COM
ing into the country within a given time; private
companies that open their books to receive at 50
much a chance forecasts OF the attendance or a
big exposition football game or votes IN al
eection-an these concerns will be brought under
the scr,tnv Of the department. and IL they cannot
prove their methods he those OF legitimate bust
ness enterprises Will be barred from the use of the
malls and must necessarily quit business
Postmaster General Wynne said to-day that sew
eraI sample cases were submitted to Attorney Cen
eraI Moody recently. with request that he render
an opinion as 10 their right to transact business
through the mails. 1t was not announced exactly
what concerns taken as samples. out II is I'M
derstood that one prominent newspaper which has
made a good deal Of money out of political guess
two contests and concern that has been conduct
ing a big business in selling chances on an $500
persons attending the st. Louis Exposition were
Cabinet muse ''''
LOTTERIES MR. MOODY SAYS
Mr.. Moody declared emphatically that the sam
Meg were clearly lotteries within the meaning OF
the law In each the Attorney General held that
thousands have invested small sums in the hope
and expectation that luck would enable them 10
secure large returns. A comparatively sinai mai per
eentage OF ne Tbapiande viii get nothing They
are in effect lotteries under the sulse OF guessing
Attorney General Moody then went on to quote
a unanimous opinion OF the NeW-1 o9f 45
that where scheme lacks the elements OF lesltl-
mate business enterprise, IL is lottery Within the
Mt Wynne said that the departmert heretofore.
acting under the opinion OF former eS
in which some amount OF skill PLAYED part IN
Sbero tbe cuesser could use form book or
historic records TO determine the probable per
formances of horses or Of baseball teams with
the standing OF clubs at the close of season or
the attendance such races or games. 1t had been
held that the scheme was not a lottery.
CRUSADE TO BE STARTED NOW.
But chance was always the determining factor.
after an said the Postmaster General "A horse
entered in the race might fall and break his leg A
baseball player on one of the teams might De put
out of the contest by illness death; the grand
stand might be blown away burned. and thus
cut down the attendance. il the guessing We're upon
the number Of persons witnessing the a.
of the horses or men, No Sm9unt OF coSId srfsec
the element of chance. But since the OLD rnLrs'
Mn,T i md Information enabled the participant 20
anDroxmate the correct result. was W IS
ruled that cases identical in principle were sues uet
ing contests and guessing contests are - its
merits and dispose ~ all that come under It's noties
as rapidly possible. Some or thS hat nil
are bad Those that are not oejectionaoie VIII n
be made TO suffer for the SINS OF ''0Se '''