The Birmingham age-herald., 1921-12-18
CITY IS ENDOWED FROM
 PREVENTING SALE OF
 LEGION DANCE TICKETS
Continued from Page Five)

- NNi FANN iAitHi III tiilS ufStTttIs JuuEe Wilkinson stated that the men were giving the people value received for their money and as an additional fea- ture were giving them a chance on an automobile and diamond ring to be given away the night at the dance
 Detectives McCombs and Larue made the arrests, but when placed on the stand the former was unable to say whether or not the men were selling the tickets for the dance or offering them as chances on the au- tomobile
 Robert Wheeler, assistant city at- torney, represented the city in the case Judge Martin will render a decision tomorrow morning at l0.30 o'clock
 At the conclusion of the case committee of American Legion men called on Commissioner ". B. CIoe of public safety to ascertain whether he would arrest the men for selling the tickets and when informed that he would enforce the law and that this was a violation, petition for an injunction was filed and granted The attorneys representing the Amer ican Legion are G. Lewis BaiIes, Mat thew Murphy, J. T. McEwen, Walter Brewer, M. B. Grace, s. P. Smith, Ben Ray, J. H. Willis. Fred Underwood J. c. McLendon and Sam c. Bowman
 McLendon Makes Statement
 In speaking of the situation. D. F. McLendon, president of the city com mission, stated: T do not approve of arresting these members of the American Legion for I understand they are selling tickets to a dance, and incidentally giving the purchas- CTS of these tickets chance on the automobile and diamond ring to be given away at the New Years ball to be held January 9. I don't think I would have arrested these men had I been tn Commissioner Cloes posi- ton"
 Judge WiIkiBson's Statement
 Judge Wilkinson, one of the at torneys representing the American Legion, gave out the following state rpent last night:
 We don't want the leglon's post tion misunderstood. The American Legion Is a law-abiding organization. and if the courts decide that we are violating any law no further attempt will be made to sell tickets. Until that decision is given against us we will contend that we are not violat- ing the law and that we are within our rights.
 We are selling tickets to a dance. At that dance the post will give away as first prize an automobile, and a diamond ring as a second prize. No person can buy a chance on the au- tomobile or the ring. We are not selling chances on either. We are selling tickets. to the dance, and when the dance is held. there will be a drawing for the prizes.
 'The automobile and ring are the property of the legion. If the legion wants to give them away, they can do so. If they want to distribute them by lot they may do so, so long as they charge nothing for the chance. The supreme court of this state has well said:
 |" There Is no law which prohibits the. gratuitous distribution of one's property by lot or chance. If the distribution is a pure gift or bounty. and not in name or pretense merely, which is designed to evade the law if it be entirely Unsupported by any valuable consideration moving from the taker-there Is nothing in this mode of conferring 1t which Is vio- lative of the policy-of our statutes condemning lotteries, or gaming.
 We may go further, and say that there would seem to be nothing con trary to public policy, or per SC nor ally wrong, in the deter imitation of rights by lot.
 . A member of the College of Apostles, as sacred history informs us, was once chosen by lot. And un- der the laws of this state tie vote on a contested election of any state officer is required to be settled in the same mode. So, our statutes au- thorizes a distribution of property owned-by joint tenants to be made by lot, under direction of the judge of probate.
 "The distribution of the automobile and ring is a pure gift or bounty. to the guests of the legion on the oc- cason of the dance. The holder of a ticket pays nothing for his chance On the automobile, and cannot obtain an opportunity to participate in the drawing for the automobile withoGt purchasing a ticket for the dance"