Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-01-30
FOUR ARRESTED
ON SERIOUS
CHARGE

Federal warrents were issued Tues
day for Messrs. A. W. Hawkins, A. c.
Morris, NJ M. Shepherd, and F. e. Tip
ton OF this city charging them with
the violation Of the anti-1ottery postal
statute, at a hearing before United
States Commissioner George w. VAL
entin, attorneys for the defendents
asked for q cstponement, which was
granted. The next hearing win come
VI before commissioner Valentine Fri
day January S1st at 1880. p. m.
This action was taken by the post
Eofnce, authorities relative to the mall
ling of certain circulars through the
Hendersonville postoface by the de-
PENDANTS containing adYertisements
that in consideration of the purchase
OF good or the payments of certain
amount Of money on account entitled
the holder to a certain number of
chances in the distribution OF pres
ents.
Messrs. A. n Hawkins and A G.
Morris were represented at the hear
ing by w. A Smith OF the law firm of
Smith, Shipmah & Justice. Med. Ray
represented Messrs N. n. Shepherd
and F. e. Upton.
1t is stated from authority that In as
much as the two. local newspapers
having stopped the publication when
notified by Postmaster B. jackson that
II was violation OF the law, no case
win be instituted by the government
on the charge Of lottery. United
States District Attorney has been con-
suited and this is his opinion.
The distribution OF the circulan
through the mails is said to be an
open violation OF the statute as lot
ktery does not have to be consummated
to be considered q lottery. TO be
planned and advertised is SUFFICIENT
evidence ef its being lottery. The
statute is @ followas so
No letter. r8ckage, post card or;
circular Concerning any lottery, gift
enterprise of similar scheme offering
prizes dependent in whole or in part
upon lot or chanceS and no lottery
ticket or part thereof, or paper, GER
tihcate or, instrument purporting to
be or representing a ticket, chance,
share or interests in or dependent up
on the event Of a lottery, gift enter
prise or similar scheme Offering prizes
dependent in whole or In part upon lot
| or chance: and no check, draft, bill
| money, postal note, or money order for
the purchase of ticket or part there
| Of, or Of any share or chance in any
such lottery, gift enterprise or scheme
and no newspaper, circular, pamphlet
OF. publication Of any kind containing
any advertisement Of any lottery, gift
enterprise or scheme of any kind offer
ing prizes dependent in whole or in
part upon lot or chance or contain
ing any list Of prizes drawn or award
ed by means of any such lot, gift en-
terprise or scheme, whether said list
contains any part or all of such prizes
shall be deposited in or carried by the
mails of the United States, or be de-
liverel by any postmaster or letter
carrier. Whoever shall knowingly de-
pos1t,. or cause to be deposited, or shall
knowingly send or have to be sent,
anything to be conveyed or delivered
by mail in violation OF the provisions
OF this section, or shall knowingly de-
liver or cause to be delivered by mail
in violation OF the provisions Of this
section. or shall knowingly deliver or
cause to be delivered by mail anything
0SIOl0 kO1bAOOOu W DC CAEI1SO Wy meS.A
shall be fined not less than $1,000, or
imprisoned not more than two years,
or both; and for any subsequent of
tense shall be imprisoned not more
tran fIA iears."
There is another and more strin-'
gent statute providing against lotter-
| les. which was passed to aid in the
| fight against the old Louisiana lottery
and the subsequent fight against the
Honduras lottery in 1907. The stat
ute quoted above is for smaller cases
and has been strictly enforced since
| its passage, as there has been con-
tinuous war by the postof1ce depart
ment and government officials to keep
the mails purged Of matter pertaining
to lotteries Of any kind.
Much interest is being manifested
in the cases against the local men. No
hint had been given that the cases
against them would be prosecuted, in
fact they were unaware that they had
really violated the law, it seems. The
blow was rather sudden when they
were arrested.
It is believed by the postal author
tiles that these gentlemen who have
been arrested on the above charge had
no intention of violating this law.
: None of them were aware of the ex-
| istance of such a law.