lottery

A typical 'lottery' is a scheme in which tickets are sold and prizes are awarded among the ticketholders by lot

A scheme for the distribution of prizes by lot to persons buying chances. 49 Ala. 396. A scheme whereby one, on paying money or other valuable thing to another, becomes entitled to receive from him such a return in value or nothing as some formula of chance may determine. Bish. St. Crimes, § 952. A lottery has been distinguished from a mere bet or wager in that the latter is executory on both sides, and determined by an independent event; while in case of the former, a price is paid for a chance of a prize, and it is determined by the manager of the game, according to a prearranged scheme, whether he who pays the money is to have a prize. 137 Mass. 250. A gift enterprise (q. v.) is a lottery (37 Tenn. 507), as is any enterprise by which prizes are paid by lot to persons paying to become members of an association (8 N. Y. 228; 33 N. H. 329; 59 111. 160).

A scheme for the distribution of prizes by chance. Alms House of New York City v. Art Union, 7 N. Y. 228; Thomas V. People, 69 111. 160. A scheme by which a result is reached by some action or means taken, In which result man’s choice or will has no part, and which human reason, foresight, sagacity, or design cannot enable him to know or determine, until the same has been accomplished. People V. Elliott, 74 Mich. 264, 41 N. W. 916, 3 L. R. A. 403, 16 Am. St Rep. 640. A scheme by which, on one’s paying money or some other thing of value, he obtains the contingent right to have something of greater value, if an appeal to chance, by lot or otherwise, under the direction of the manager of the scheme, should decide in his favor. Blsh. St. Crimes § 952. The word lottery “embraces the elements <5f procuring, through lot or chance, by the investment of a sura of money or something of value, some greater amount of money or thing of greater value.’’ U. S. v.-^Wallls, 58 Fed. 942. It includes policy-playing, giftexhibitions, prize concerts, raffles at fairs, etc., and various forms of gambling; id. Every drawing, where money or property is offered as prizes to be distributed by chance according to a specified scheme and tickets sold which entitle the holder to money or property, and which is dependent on chance, is a lottery; Grant v. State, 54 Tex. Cr. R. 403, 112 S. W. 1068, 21 L. R. A. (N. S.) 876, 130 Am. St. Rep. 897, 16 Ann. Cas. 844. Where a pecuniary consideration is paid, and it is to be determined by chance, according to some scheme held out to the public, as to what and how much he who pays the money is to receive for it, that is a lottery; Hull V. Buggies, 56 N. Y. 424. It is well settled that every scheme for the division of property or money by chance is prohibited by law; Rothrock v. Perkinson, 61 Ind. 39. Lotteries were formerly often resorted to as a means of raising money, by states as well as Individuals, and are still authorized in many foreign countries, but have been abolished as immoral in England, and throughout this country. They were prohibited by 10 & 11 Will. III. c. 17, and foreign lotteries were forbidden to be advertised in England by the 6 & 7 Will. IV. c. 66. selecting his box In Ignorance of Its contents, is a lottery; Holoman v. State, 2 Tex. App. 610, 2& Am. Rep. 439; so in State v. Lumsden, 89 N. 0. 672; Com. v. Wright, 137 Mass. 250, 50 Am. Rep. 306; 11 Q. B. Div. 207. Where money was subscribed which was to be invested in funds which were to be divided amongst the subscribers by lot, and divided unequally, it was held a lottery; 11 Ch. Div. 170. Although every ticket in a drawing represents a prize of some value, yet if those prizes are of unequal values, the scheme of distribution is a lottery; Dunn v. People, 40 111. 465. A scheme for increasing the circulation of a newspaper, whereby all subscribers receive numbered tickets corresponding to numbered coupons, which are drawn from a box by a blindfolded person, prizes to be given to the holders of certain tickets, is a lottery under

A scheme for the distribution of prizes by lot, by which a certain pecuniary consideration is paid for a chance in the distribution.

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.'