Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1924-07-11
COL. ROBERTSON
EXPLAINS Law
ON TERIES.
Declares Legal Opinions from
Attorneys Show That All
Kinds of Wheels Are
Against Law

The attached statement has been
made to the press and residents OF Cam
sron county by Sheriff Sam Ro rlson %
clear up any Misunderstanding that
may have occurred following the action
he took in connection with closing down
certain devices az a fair ia Harlingen
recently the operation OF which he be-
lieyed TO be n violation of the law.
The opinion Of Sheriff Robtr sen is
backed up by legal opinion cf lawyers
in the county. some Of whom looked up
the statutes. ard court ralings on tbs
matter. These rulings hold that any
kind Of rafting. or selling Of numbers
Of tickets where thsre Is a choace Of
gain arc in violation 81 the law. Selnc
81 the rulings looked up ly Judge Sam
al Spears, follow:
Each and every drawing. where mon
ey or property is offered as prizes 10
be distributed BIZ chance, according 70
specified scheme or y an, and ti-ket
or tickets are sold, which tntitle the
holder to money or property, and whica
Is dependent upon some chance, ~ IN or
.ense. II makes no difference WHITTIER
the ticket entities the holder 10 a certain
sum or not. II there Is an additional sum
dependent upon the distribution by
chance over the certain sums. and !,
makes no difference BY what name il is
called, but il is The distribution or offer
10 distribute the prizes in money or
property by chance. TO induce rersoas 10
buy tickets therein. and the sale 81
tickets. and drawing the numbers. con
stitute the lottery, an offense against
the law.
handle v. State. ~ Tex 5S3.
Hudspeth v. State ll2 : VI. 1868.
Among other devices which have been
held " come under anti lottery Prov.
sions may be mentioned the following:
Slot machines, when their use IS such
that distribution Of prizes is thereby
made by change; playing policy" or
the purchase OF an interest IN 4 lottery;
The scheme called prize concert,
where every other ticket draws q prize
and one-half o. the tickets represent
Llanks: the sale OF prize candy IN boy
es, each box being represented to CON
tain prize OI money or Jewelry. and
the purrhr-er xcfrcting his box in iEnor-
nnce of its ccntants; where oac chooses
q number and pays a certain sum, ant
the seller draws an enyelopr from boA
full containing q slip with many nun4
bers on it., and il the number chosen j.
on the slip. the buyer receives mul
Iiple of the sum paid, greater or less &C
cording to agreement, and ii not, M
loses what he paid. Moreover. y
has been held that a statute forbidding
the promotion 81 lottery j. not offend
eI by a so-called popularity contest,
conducted by the proprietor or news
paper, BY the terms Of which subserib
ers TO the paper and purchasers Of ad'
verifying space therein are given the
privilege of casting votes or some per
con OF their choice. a valuable prize be-
Ing given 10 the person receiving the
greatest number Of votes. at that these
"sotes" correspond to the coupons ~
m ordinary trading stamp scheme,
-shich. by the great weight of authority.
b neither lottery, nor gift enterprise
II Ruling Case Law. pages ll229-l23l.
As to whether or not . schem. is 4
Lottery. II il immaterial whether the
drawing be for religious, benevolent or
profane purposes
Long v. State. 22Csim. Appeals l9l-
The statement Of ShcrI Robertson
follows:
To The Cameron County Press:
So many untrue reports have been
called 20 my notice in regard To IN ec
cnrrence nj the Celebration in Iiarlngen
on the Fourth and fifth of Inly IN con
nectinn with the disposal of nm ANTONIO
bile and the operation Of certain Wheels
Of Fortune that | desire "a make
statement IN regard 10 the matter.
noticed an automobile on the street
in llarlingen on the morning of the
Fourth Of July. on the rear Of which
there was 4 banner. reading somewhat
~ follows: Buy 4 season ticket To ghr
lair and get a chance to Win this automo-
bile | spoke "a the ynang man in
charge If the automobile and told him
that h. could not rattle the automobile. !
as that was a violation of the law. lie
stated that Il was being done 10 aid the
new Baptist Hospital. | told him that
il made no difference for what cause il
was being done. il was illegal. lie stated
that he had legal opinion from several
attorneys that the plan for rafting the
automobiles would conforms "a the law.
| told him then 10 go ahead and | would
investigate the legality of the question
follow.
then went to the fair grounds. where
| met my deputy. Jim Collins. who told
me- that he had, perhaps. spilled the
beans that he had stopped con ession
that was paying off il cash. and that he
had lust heard that the concession was
being run IN the Interest Of the new
Raptist hospital. | told Jim Collins that
he had acted properly iit closing ths
came. that the law applied 10 all alike.
and that no group cf persons had any
more right under the law than the most
humble individual.
shortly after this. left the fair and
went TO the west of the county. where
/ met several people who commented
~ IN sign on the automobile 20 Tie given
away or won. | did net return 10 me
fairgrounds until after dark. when met
CONTINUED on page four.)