The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1916-06-09
WHAT IS A LOTTERY!
Communicated.
To the Editor:

To the Editor:
In view of the agitation not only
in Carroll county, but throughout the
State of the question What is lot
tery?" | believe that many of our
merchants who have been asking
this question will appreciate the pub
LEGATION in your paper of some of the
data which will enable them to ans
wer the question for themselves
and apply it to the various schemes
and gift enterprises" which are en-
ployed as inducements to purchaS-
ers. The Court of Appeals of Mary
land in Long VS.. The State, "A Md.
$50, has said practically that any
scheme for the distribution of prizes
by lot. or by which one on paying
money to another obtains a token,
which entities him to receive larg-
er value or nothing, as some formula
or chance may determine, is lot
terry. The same Court in State VS..
Caspare 115 Md. 81, has said 1t is
necessary in cases arising under this
statute to determine from the facts
of each case whether the element OF
chance, as characterized or Defined
by us, exists.
1t is therefore evident that when
ticular scheme rs it a lottery?" no
general answer can be given, but
each case must be determined accord
ing to the facts and the principles
governing.
For that reason, it is impossible
for the States Attorney to answer
categorically Yes" or No" when
any particular case is presented to
him with the inquiry, rs it lot
tery?' He is not a judicial officer,
and cannot in advance determine
what would be the view of Court or
jury in any particular case. To any
inquiry he can only make response
by stating the general principles, the
application of which to the facts in
any particular case must determine.
The law is found in Art. 27; sec
ton 315 and 456 of the Code Q914.
Sec. 315 is as follows:-"N person
or body corporate shall be permitted,
either directly or indirectly, by agent
or otherwise, to barter, sell or trade,
by any publication, or in any way,
any wares, goods or merchandise OF
any description, in package or Dulk,
holding out as an inducement for
any such barter, sale or trade, or the
offer of the same, any scheme or de-
NIC0 ny way VI Sllt CHICi IN loo VI oAiy
kind or character, whatsoever.
Sec. 456-"No person or assocla-
ton of persons shall, either directly
or Indirectly by agent or otherwise,
use or hold for use in any way, or
sell anv stamp commonly called
trading stamp, or any ticket or check
or any written or printed promise or
assurance, express or implied, or any
other scheme or device, which stamp,
ticket, check, promise, assurance
scheme or device for the sale, barter
or trade of any goods, wares or mer-
chandise, holding out as an induce
ment for any such sale, barter or
trade the giving or issuing of any
such stamp, ticket, check, promise,
assurance, scheme or device, which
stamp, ticket, check, promise, assur-
ance, scheme or device is to be or
may be presented to or redeemed by
some person or association OF per-
sons other than those making the
sale, barter or trade aforesaid, the
holder of said stamp, ticket, check,
promise, assurance, scheme or de-
vice for presentment or redemption
getting or receiving in exchange
therefor any gift, prize, or gratuity
or anything uncertain, undetermined,
or unknown to the purchaser of said
goods, wares or merchandise at the
time of the purchase thereof"
In Long VS.. State "A Md. 500, JUS
tice Fowler said
In Hull vs.. Ruggles 90 \. Y. Rep.
424, the eXigency of the case required
the Court to determine and define
what is a lottery. and they laid down
this definition :-"Where any pecu-
mary consideration is paid and it is
determined by lot or chance, &C
cording to some scheme held out TO
the public, what or how much he
who pays the money is to have for 1t,
that is a lottery. WOrcesters' defini-
ton is "A game Of hazard in which
small sums are ventured for the
chance of obtaining greater value
And the definition adopted by the
State i'm this case is not materially
different from the above Any scheme
for the distribution of prizes by lot,
or which one on paying money to
another obtains token, which en-
titles him to receive larger value
or nothing as some formula or
chance may determine, is lottery
An examination of the many cases
on the subject will show that it is
very difficult, il not impossible for the
most ingenious and subtle mind to
devise any scheme or plan short of
a gratuitous distribution of property,
which has not been held by the
Courts of this country to be in vio-
lation of the lottery or gaming laws
in force in the various States of the
Union
# #
1T was contended on the part of
the State that the Act of 1886 comes
within the legitimate exercise of the
police power and that gift enter
prises is a species of lottery, because
the distribution in all gift enter
prises is dependent on some formula
or chance. But We do not think the
words gift enterprise necessarily