La Junta tribune., 1909-12-11
Regarding Games OF Chance.

For the information OF misguid-
ed public We are requested to pub
lish letter recently received ty the
Ministerial Association from James
| II. Teller. first assistant attorney gen.
eral OF Colorado. regarding games Of
chance and gift enterprises, in which
he gives very succinct and clear
calculation OF the law concerning GER
tain practices which have been In
vogue hereabouts from time imme-
mortal. The letter is as follows:
Your letter OF the 29th ult. re-
ceived and contents noted.
such transaction as you mention
| |. O. the sale Of an article at a nom-
inal price with the possibility OF oh
tanning an article OF larger value
the obtaining OF II being determined
entirely by chance.--falls within the
class OF cases known as gift enter
/ prises" and Is unlawful In this state.
Throwing dice for cigars, is en-
gaging In game OF chance which is
also unlawful.
1T may be said, In brief. that any
transaction by which person by CIV
ing something of value acquires a
chance to obtain something largely in
excess OF the value OF the amount
paid or given. is in effect. lottery
aid is prohibited by the laws of
this state.
prosecution OF persons for the viola.
ton OF the criminal statutes until
the case has reached the Supreme
Court The matter OF initiating pros
ecutions and conducting them through
all the stages below the Supreme
Court is In the hands OF the district
. attorneys. No one has any right to
make exceptions in the application
OF the criminal statutes.
III a district attorney Is derelict in
his duties. II is within the power OF
the district Judge to appoint a special
prosecutor to take the place OF the
district attorney In any given case.
II the district attorney has assumed
the right 70 grant Dssniaalsa 70 vie-
late the NV. you may properly pre-
sent the subject to the district court.
and II the Law has In fact been vio-
lated. any citizen knowing the facts
may go before = Justice Of the peace
and make complaint In due form un.
der oath. and II then becomes the
duty OF the Justice to issue his war.
rant for the arrest Of the offender.
A preliminary hearing il then had
before the Justice and II he finds
that there b good cause to believe
that crime has been committed, II is
his duty to bind the alleged offender
over to the grand Jury or to the dis.
trict court.
This office has no right to inter.
fere with the district attorneys. or
even to advise them. unless SO re-
Quested by tn district attorneys them.
selves.
your remedy would seem TO be-
In having some citizen take the pre-
liminary steps above mentioned TO
enforce the law against gambling. by
prosecuting those who have violated
such law"
The Ministerial Association re.
ceived an additional letter yesterday
from J. W. Davidson. district attor.
ney OF this judicial district. In which
he defines his position on the qucs.
ton OF gift enterprises. etc. thusiy;
In regard to the questionable
methods used at the church fair In
your city. which | Judge " now pass.
ed. will say that have no power
to grant permission to anyone TO vio.
late the law and my only duty iS to
prosecute people who do violate the
law. after the violation has occurred
and proper evidence has been oh.
tained.
In regard To the fair which Ii con.
templated will say that I have no
right. under the law. to interfere In
the matter and the only thing I can
do is to prosecute any one who VIC.
latss the law. II they feel disposed
to take = chance on any open. flag.
rant violation Of Law they will take
their own chances. and there In no
way that know Of to restrain them
from violating the Law. II they de-.
sire to do so.'