Lottery

8 Has no technical meaning. A result of the accepted definitions is: where a pecuniary consideration is paid, and it is determined by lot or chance, according to some scheme held out to the public, what and how much lie who pays the money is to have for it.'

1 Skeggs V. Horton, 83 Ala. 351, 356 (1886), cases; Sugden V. Lord St. Leonards, 1 L, E., P. D. 164, 317 (1876). = 1 Whart. Ev. §§ 139-51, cases; 1 Greenl. Ev. § 558, cases.

As to lost wills, see also 31 Alb. Law J. 305-67, 385-89 (1885), cases; 83 Cent. Law J. 29 (1886), cases.

3 Bainbridge v. Louisville, 83 Ky. 889-93 (1885), cases; Cobb V. Tirrell, 141 Mass. 46 (1886). 'Goodman v. Cody.l Wash. T. 339 (1871); b. o. 34 Am. R. 808, note. « Edwards v. Derrickson, 88 N. J. L. U (1859). 8 Wilson V. Proctor, 88 Minn. 17 (1881). ' Phillipsburgh v. Bruch, 37 N. J. E. 486 (1883).

8 A. S. hlot, share, lot. ' Hull V. Euggles, 56 N. T. 431,427 (1874), Folger, J., A scheme for the distribution of prizes by chance. 1 A distribution of prizes — something valuable— by chance or lot, a valuable consideration being given for the chance to draw the prize. 2 The decision of a question by lot Is not a lottery. The term in criminal law refers to something in which there are supposed prizes and blanks. The disposal of any species of property by an,y of the* schemes or games of chance popularly regarded as innocent comes within the terms of the law. * Decided to be lotteries have been: a "gift-exhibition;"^ a "f^ift-sale" of books;* "prize-candy" business;^ "prize-concerts;"" "prize-tickets" to Induce^ subscriptions to a newspaper; ' raffles at fairs; ^ drawing works of art; » " playing policy." " Lottery-ticket dealer. Any person, association, firm, or corporation, who makes, sells, or offers to sell, lottery tickets, or fractional parts thereof, or any token, certificate, or device, representing, or intending to represent, a lottery ticket, or any fractional part thereof, or any policy of numbers in any lottery, or who manages any lottery, or prepares schemes of lotteries, or superintends the drawing of any lottery." State lottery. A lottery licensed and regulated by legislative enactment — for the service of the state, or of individuals.

Private lottery

A lottery instituted or managed for the benefit of one or more private persons, an association or a society. Lottery schemes, which were formerly very common,"" are now generally proscribed.

Statute of l Oand Church, C. J.; People v. Noeike, 94 id. 141 (1883): Penal Code, § 333; State v. Willis, 78 Me. 73 (1886), Peters, C. J. 1 Commonwealth v. Manderfield, 8 Phila. 459 (1870); State V. Lovell, 39 N. J. L. 461 (1877); Eandle v. State, 43 Tex. 585 (1875). 2 United States v. Olney, 1 Deady, 464 (1868), Deady, J.; 1 Abb. U. S. 375. See also 30 F. E. 601; 40 111. 467; 59 id. 160; 94 Ind. 436; 73 Mo. 650; 16 Nev. 143; 89 N. C. 573; 3 Greg. 391; 41 Tex. 297. s Wooden v. Shortwell, 33 N. J. L. 470 (1853); State v. Shorts, 33 id. 198 (1868); Thomas v. People, 69 111. 160 (1871); Chavannah v. State, 49 Ala. 396 (1873); Buckalew V. State, 63 id. 334 (1878); Eothrock v. Perkinson, 61 Ind, 39 (1878); Kohn v. Koehler, 31 Hun, 466 (1880). * State V. Clarke, 83 N. H. 329, 334 (1856). 'Hull V. Euggles, 56 N. Y. 434 (1874); Holoman v. State, 3 Tex. Ap. 610 (1877). "Commonwealth ii. Thacker, 97 Mass. 583 (1867); Negley v. Devlin, 12 Abb. Pr. 210 (1872); State v. Overton, 16 Nev. 136 (1881). ' State V. Mumford, 78 Mo. 647, 650 (1881). 8 Commonwealth v. Manderfield, 8 Phila. 459 (1870). " Governors of Almshouse v. American Art Union, 7 N. Y. 388, 810 (1853). i» Wilkinson v. Gill, 74 N. Y. 63 (1878). '1 Revenue Act, 13 July, 1866, § 9: 14 St. L. 116. 11 Will, ni (1699), c.

17, prohibited them as public nuisances; and statute of 6 and 7 V"ill.

IV (1836), c.

66, forbade advertising foreign lotteries.' Similar statutes exist here; where also, circulars concerning lotteries are not mailable matter.^ The effect of Rev. St. § 3894, prohibiting the mailing of lottery circulars, etc., is to make any matter concerning lotteries unmailable, and to subject the sender to the penalty therein provided. When a city, to induce people to buy its bonds, holds out prizes to be drawn by chance, the mailing of circulars concerning such drawings is a mailing of lottery circulars within that section." A mere license to draw a lottery, not inseparable from the essential functions of a corporation, not acted on, and under which no rights have been vested, may be repealed by a succeeding legislature. * Lotteries are a malum prohibitum. They are a species of gambling, and wrong in their influences. They distm'b the checlrs and balances of a well-ordered community. The right to suppress them is governmental, exercisable in discretion. Any one who accepts a lottery charter does so with the implied understanding that the people, through their proper agency, may resume it whenever the public good requires it. All that one can get by such a chai'ter is a suspension of certain governmental rights in his favor, subject to withdrawal at will. He has a license to enjoy the privilege on the terms named for the specified time, unless it be abrogated by the sovereign power. It is a permit, good as against existing laws, but subject to future legislation and constitutional control or withdrawal.'

See Decoy; Police, 2.

A grant in the constitution of a State of the privilege of establishing a lottery, to a corporation, is not subject to repeal by the legislature.' No other form of gambling operates so extensively in its dealings, or demoralizes so many peqple It is this extensive reach, and not merely its speculative purposes, that makes lottery-gambling so dangerous.'