Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1919-11-22
SATURDAY. NOVEMBER %, 1919
WHEELS or FORTUNE DECLARED
ILllEGAL HERE.
Hank Explains Position and States
Attorney Wise forces Action.

After being allowed to operate ono
day under tho decision of ustirc
Crutchfield by which no held that
they were not engaging in a lottery
tho wheel OF fortune" men are again
banned. commonwealth Attorney
Wise obtained from Assistant Attor.
ncy-Gcneral Hank an opinion that
tho present attractions were n lottery
and violation Of the law. Acting on
his opinion and tho orders of tho
commonwealth attorney tho police
last night swooped down and opcrat
ions ceased Following is tho revised
opinion of Mr.. Hank:
ct was stated that as early az
March Is. 1919. L gave an opinion
that the form Of amusement now be-
ing operated for tho entertainment
Of the soldiers was not violation Of
what was known as tho lottery law
OF Virginia. 81 gave no such opinion.
March Is, 1919 tho chief OF police ask
cd me for an opinion on The question
of the legality of the us eof tho sale
OF tickets for prico to BIO dctermin-
cd by whoels of fortune. l advised
him that the attorney generals office
was required 10 give opinions to
heads Of state departments ut tho seat
OF government, but as q courtsy to
lin, l would render him an opinion
In which stated that did not think
tho statute above mentioned applied
TO case where commodity was sold
Mt fair price, the commodity being
numbered and tho purchaser of the
commodity was given additional prop
orty on 3,count thereof. On the speci-
fic facts stated 1 gave no opinion.
Scstercay l was sent for by tho
police Justice and was shown the let
ter which l had writton tho chief Of
police. and reafiirmed my views as
above stated. I was then asked wheth
or IN my opinion, tho form Of amuse-
mcnt now being carried on violated
the statute against lottery. I stated
that l could not determine that mat
ter and would not determine that mat
ter, as I did not know the specific
facts of thu case. fr, therefore, tho
police justice decided these cases DO
cause of my opinion, 1t must have
been on account Of tho opinion de-
livcred TO the chief of police on
March Is, which was based on the
specific facts there given and on
which even then l would not pass,
but simply stated what form of amuse
ment did not como within the act.
have never given any opinion to any
one rs to whether Or not the present
form of amusement violates tho stat
ute. and cannot do so. because do
not know the specific facts In tho
case, and it is apparent that cannot
apply tho statute to state Of facts
OF which I have no knowledge"
Members OF the executive commit.
to OF the Virginia Armistice Cclcbra
ton Of the Worlds War have issued
the following statement in regard to
their attitude in the agitation to close
the "wheels of fortune" operating
with the street carnival, which was
effected for a second time last night
by Commonwealth Attorney Wise:
1.-THE executive committee conducting
armistice week for the purpose Of
providing entertainment for all ex-
service men made contract with the
carnival companies who have had
similar contracts at the Virginia State
Fair and who have on previous oc
casions appeared in Richmond. When
the agreements were made for these
people to return there was no quest
ion as to the legality Of their opera
ton suggested by any ono, similar en-
tertainments having been witnessed
by commemorative Attorney Wise in
this city and no objection raised. This
committee Is now advised through
the chief Of police that Common
wealth's Attorney Wise has ordered
all concessions to be closed, hence,
having no desire to assume the atti-
tude OF violating law, We hereby re-
quest the carnival companies to close
all entertainments except those for
which admissions are to be paid Yes
terday, after full hearing before the
police justice and the quoting of the
opinion Of the assistant a'torncy-gcn
oral, dated March Is, 1919 and adj
dressed to the chief Of police the po-
lice justice based his opinion on that
letter and dismissed the tcest cases We
regret the interruption in his rener-
al entertainment but for this we are
not responsible in view OF the rast at
titude Of CONFERENCE.-The attorney
toward this character of carnirals."
NGvenins Journal, November 10,
1879
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