The Glenwood post., 1915-10-09
court . Interpretation, we can reasoua

court . Interpretation, we can reasopa-
bly, conclude:
A gift enterprise to be illegal N
Colorado, must contain the element of
chance with regard to the gift. Lot
terry is broader term, which includes
the illegal gift enterprise and embrscea
any transaction embodying the follow
ing three elements:
(a) Purchase Of = right.
(b) The right must be contingent.
(c) The contingency must be de-
eided by lot or chance.
If . newspaper puts on q popularity
contest, in which . girl is given . trip
or . present, because she has received
the highest number Of votes, the news
paper is within the law. Although
there is purchase of right, with each
paper or subscription sold, the right il
not contingent, and hence no contin-
gency to be decided by lot or chance.
II . newspaper wishes to give an arsi-
Gle Of aluminium ware, dish, pennant,
etc., for every wantad or subscription,
the enterprise is legal because there is
NO chance, and the gift is open to all
under the same conditions.
If newspaper puts on 4 contest in
which certain merchants run advertise
ments in the paper, and these merchants
give ticket to each customer for each
purchase, and these tickets are to be
credited to = church, hospital, or lodge,
which church, hospital, or lodge receiv-
ing the highest number of votes, or get
ting credit for the greatest amount of
money spent At these stores by means
of these tickets, gets = cash prize for
ranking first in the contest, this paper
is within the law. Although the person
receiving . ticket after buying mer-
chandise, purchases q right, that right
is not contingent upon lot or chance.
The person who receives ticket in such
a contest may, OF may not vote, just
as he wishes. The exercise Of the
right is optional with him.
But if = Newspaper offers an automo-
bile as = prize, places = coupon in each
issue of the paper, and on each coupon
stamps . number which will be de-
termined by drawing at the close of
the contest will win the automobile,
this newspaper is carrying on an lille
gal gift enterprise or lottery and is
liable to punishment under the gift law
of 1915.
Newspaper owners Of Colorado nee
have NO fear about conducting gift en-
terprises 20 long ~ these enterprises
do not contain the element of chance
with regard to the gift. The supreme
court, - ws have pointed out, has held
that . statute prohibiting gift enter
prise wherein the element Of chance is
Lot in-ci,td wou!i. to tnat extent, b.,
an unwa,yanted assumption Of power
by the legislature ard void.
Another definition of . lott,,y is
found in Gross VS.. People ne >olo.
32D. 1t il ~ follows:
"a lottery il . scheme by which
on ones paying money or som.
other thiag sf value, he obtaias
the contingent right to have some
thing Of greater value, if N appeal
to chance, by lot or otherwise,
under tie direction Of the manager
of the scheme should decide in his
favor."
This ds1initien il in harmony viii
the courts Aeeision in the Denver vs.
Freuau3 eass, although the paftieulA,
question in that case related to trading
stamps, the ease holds ssaesal1y. II
addition say eity ordnance n ssaflss'
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