Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-12-30

Government Officials Prepare 10 put
into Effect Severe Provisions OF
New Criminal Code January ISt.
Games OF Chance and Liquor Dis.
tTibutiOn CurDed,

What has been described as a "laW
with teeth will go into effect Janu-
airy l, and government officials who
are charged with its enforcement
are preparing to put it's provisions
into operation.
This is the new criminal code.
which was enacted in the closing
days of the last Congress. While 1t
is largely codification and reenact-
ment Of older criminal statutes, still
there is enough new matter in the
new measure to make people who
have been somewhat carless in GER
tain ways sit up and take notice.
Among the people who may be
caught by the enforcement of the new
law or laws are these who have en-
2-IERALD =. s.. S.. S.. $....
which are defined as lotteries by the
federal authorities. Another class
are those persons who have been cir
culating filthy literature, which,
heretofore, has not come within the
i scope Of the statute forbidding the
circulation of obscene and indecent
matter. And the person who resides
in prohibition state and has been
in the habit OF going to his local sta
! tion agent and getting a &c. O. D."
package of Whiskey or beer will be
obliged to pay for his liquor in ad-
vance and have it sent in his own
name, with the contents of the pack
age and quantity indicated in plain
terms on the outside.
Lottery Statute
The lottery statute relates largely
to the use Of the mail to promote
unlawful enterprises. 1t forbids the
transmission through the mails Of
any letter, package, postal card or
circular concerning any lottery, gift
enterprise or similar scheme Offering
prizes dependent in whole or in part
on lot or chance" Any ticket or
paper or certificate or instrument
purporting to represent any of the
foregoing enterprises is forbidden
transmission in the mails. The pro-
hibition even extends to newspapers
printing information about a lottery
or gift enterprise as defined in the
| foregoing. The penalty for viola
tion of this statute by knowingly"
| depositing or delivering forbidden
matter is a fine of 81 900 or imprison
ment for not more than two years
or both. The prohibition against the
circulation of lottery tickets applies
not only to the mails, but to trans
! pOrtation companies and to- persons
coming into the United States from
| foreign countries.
In the construction of the lottery
statutes the legal officers of the post
office department have been narrow
constructionists. They have defined
| a lottery as having three clements
prize, a chance and q consideration.
An instance arose recently in one
of the Coast cities, where a merchant
offered q kitchen range to the hold
er of one of several thousand num-
bered advertising pamphlets which
he was distributing. The pamphlets
were to be had at his store. The
| facts about the distribution of the
pamphlets were carried in the mer-
chants advertisement in the local
papers. The proprietors of the papers
We're notified by the postmaster that
they were advertising a lottery. The
| latter couldn't see that there was
any lottery. There was an admis-
sion of prize and chance, but
there was no consideration, in their
opinion. But the department ruled
that the mere effort of a persons
going to the merchants place of busi
ness to get one of the numbered
pamphlets constituted considera
ton. That statute has been reenact-
ed in the new code. but the mere fact
| that it is a new code is expected to
bring about a closer scrutiny by post
office authorities of matter offered
for transmission through the mails.
Obscene Literature Barred
The section of the old law forbid
ter has been strengthened by the ad-
dition of the word "filthy" in the
new law. This is aimed at matter
that is morally degrading and objec-
tionable, but which could not be
reached under the old statute because
it was not actually obscene. Certain
kinds of post cards come within the
purview of the new enactment.
! The &c. o. D." patron of the dis
tilery or brewery who lives in a pro-
hibition state is reached in several
paragraphs of the new code. Here
tofore it has been the practice Of
some distillers and brewers to send
packages of spirits and malt liquor
into the prohibition states to persons
with common names These pack
ages went &C. o. d. and all that the
thirsty citizen need do was to go to
the station agent and ask for a pack
age for "John Smith" or almost any
one with a common name, pay the
charges, and get the thirst quencher.
Liquor Law frightened
! The new criminal code, however,
! forbids this promiscuous distribution
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