The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1905-01-18
BAN ON GUESSING TESTS
Postofico Department to Bar Thorn From
b Malls.

Postofaco Department to Bar Them rom
o. the Mails.
The day of the guessing contest ia
numbered, for the Postofice Depart
ment is preparing to exclude this class
of business from the mails. After a
recent Cabinet meeting Postmaster
General Wynn announced that the task
Of wedding out the Objectionable e
terprlses would be begun in earnest,
and as fast asspossible. those that are
illegal will be; separated from those
that are legitimate. Few contests. it
is believed, will survive the sitting
process, for practically all Of them are
held to be within the scope Of the an
ti-lottery statute.
Newspapers that conduct political
guessing schemes for the purpose Of
booming their circulation; magazines
that find new subscribers by inviting
estimates Of the number of immigrants
coming into the country within q given
time; private companies that open
their books to receive. at so much a
chance, forecasts Of the attendance OF
q big exposition or football game, or
votes, In an ~electien-all these concerns
will he brought under the scrutiny OF
the department, and if they cannot
pr~oveTtheir methods to be those. Of
legitimate business enterprises will be
barred from the S of, the mails and
must necessarily quit business.
Postmaster General Wynne said
that several sample cases were
submitted to Attorney-Genera Moody
recently, with the request that he rem
der an opinion as to their right to
transact business through the mails.
1t was not announced exactly what
concerns were taken as samples, but
it is understood that one prominent
newspaper which has made a good deal
Of money out Of political guessing con-
tests and a concern that has been con-
Quoting a big business in selling
chances oman $4,000 list Of prizes in
connection with the number of persons
attending the st. Louis Exposition.
were among those handed to the legal
adviser of the Cabinet.
Mr.. Moody declared .e~mphatlcally
that the samples were clearly iotter-
les within the meaning Of the law. In
each the Attorney-Genera held that
thousands have invested small sums
in the hope and expectation that luck
would enable them to secure large re-
turns. A comparatively small percent
age Of the participants will realize
their expectations. Thousands will
get nothing. They are in effect letter
les, under the guise Of guessing con-
tests" :.
Attorney General Moody then went
on to quote. unanimous opinion Of the
New York Court Of Appeals, handed
down on August S, 1904, which said
that rwhere q scheme lacks the ele-
ments of a legitimate business enter
prise it is a lottery within the mean
ing Of the statute"
Mr.: Wynne said that the department
heretofore, acting under the opinion Of
former legal advisers, had allowed
concerns to operate guessing contests
in which some amohnt Of skill played
q part in solving the problems pre-
sented. For instance, where the guess
er could use q form book orihistoric
records to determine the probable
performances of horses or Of baseball
teams with a view to telling correct
ly the result Of big races, the standing
OF clubs at the close Of a season or the
attendance at such races or games, it
had been held that the scheme was not
q lottery.
"But chance was always the deter
mining factor, after ALL" said the Post
master:General. "a horse entered in
tile race might fall and break his leg.
A baseball player on one Of the teams
might be put out Of the contest by i'll.
hess or death; the grandstand might be
blown away or burned, and thus cut
down the attendance, if the guessing
were upon the number of persons wit
Messing the performance Of the horses
- or men.s No amount Of study devoted
to the dope books or histories could
efface the element of Chance. But
since the old ruling. which held that
calculation. foresight, knowledge in.
quiry and information enabled the
participant to approximate the cor.
rect result, was believed to be good
law, the New York Court Of Appeals
has ruled that cases identical. in priI'
ciple were guessing contests AID
guessing contests are lotteries. The
department will take u1 each case on
its merits and dispose Of all that come
Under its notice as rapidly as possible.
Some of the schemes may be legiti-
mate. I do not wish to declare that all
are bad. Those that are not objection
able will not be made to suffer fo' the
sins Of those that are."-New York Iri.
bune. ,-
Slow at Chores.
r..~J.L DoI,onr ne tho yUArId'a