RETAKE OF PRECEDING PAGE
V2
A
" a ' f y
Tito Wtr toht v" wrSiib
VOLUME 3.
The Weekly Enterprise.
AN INDEPENDENT PAPER,
FOK THK
Business Man, the Farmer
And the FAMILY CIRCLE.
FTOMSHED EVERY SATURDAY
AT THE
OFFICE Corner of Fin n and Main streets
Oregon City, On-tmn.
.jt'. IRELAND, Proprietor.
THE ENTERPRISE has been very well re
ceived during the time of its publication,
l,y gentlemen of distinction in the State,
who recommend it as a journal valuable for
Kastern circulation. Pueh we sball endeavor
l continue to make it.
THE WEALTH OF OREGON sball at nil
limes constitute the paramount interest to
vliich our columns will be devoted. Every
rceasnre for the good of the State, whether
of pricatc or public intererf, irrespective of
party, will find in us an advocate and a de
fender, to the extent of our ability. We
shall Him to attract the attention of tl.c
millions of
POPULATION AND MONET seeking profit
able places, to that channel which is now
making this the foci of the globe, anil ren
dering Oregon with other Pacific States,tite
pianeiies f the worW, with a centre of
trade second to none.
AtJKlCCLTUIlE will continue to receive that
Attention which it merits, at the hands of
t-very intelligent Journalist. " The Farmer
fitd'th all.
THE MARKETS will be watched carefully,
nnd such information as we shall be able to
compile will be publishec.
MANUFACTURERS are earnestly requested
to inform us with respect t those various
interests, to the end that we may be able to
make the Extkrikise as near an enej-clo-pscJia
of the business of Oregon as can be.
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.CO OA AND JOB PRINTING.
&a The Enterprise otlice is supplied with
beautiful, approved styles of type, and rnod
ern MACHINE PRESSES, which will enable
tie Proprietor to do Job Piinting at all times
Neat, Q'lio'; and Cla'ap !
S3" Work solicited.
I) .C.IR F. L A NI), I 'rrprio for.
B US 1 NESS OA RD S.
KNT0X KILLIX.
Oregon City, Oregon.
OFFICE In Charmans Prick Block, up
star
j)U.F. BARCLAY,
,E2L 2Z2 ISILutaa!)
(Formerly Surgeon to the Hon. II. B. Co.)
OFFICE At Residence, Main street Ore
g Mi City, Oiejrnn.
1
M FERIAL MILLS.
Savier, LaRoque & Co.,
OREGONT CITY.
t.Ketp constant! v on hand for sale, flour
MUim-s, Bran and "Chicken Feed, Parties
porchin feed must furnish the sacks.
liROUUHTON.
Contractor and Builder,
Main st., OltKGON CITY.
F" Will attend to all work in his line, con
sisting in part of Carpenter and Joiner woi k
Iraming, building, tto. Jobbing promptly
attended t .
j)AYJD SMITH,
ccor to SMITH d- MAE SIT ALL,
j''acl--8ni!(h and Wagon Maker,
K.uvuor ot Jlaiu and Third streets,
Oregon City.
Oregon.
''wniaeksmiUiingin all its branches; Wag
"Ji n;aking ;md repairing. All work warrant-
'J lojjjvesatisl'aetion.
jyOSlILANI) HOT LIE IS,
PORTLAND AUCTION STORE,
Ti First si., Portland,
Next Doer to Post Office.
ft3- Importers and Jobbers f staple and
l iincy Dry tloods. Grain bags, Curlaps, furn-.slnn-
Goods. We pav tli highest cash
jT.ce tor WoI. Furs, an.i Hides.
W. F. KIGKFIELD,
;Est ablihed since ISM, at the old stand,
Main Street, Oregon City, Orgon.
An Assortment of Watches. Jew
elry, and Seta Thomas' weight.
t. locks, all of which are warranted
to be as represented.
Ivopairmgs done on short notice,
uid tbauktul for past favors.
J. FLEMING,
Retail dealer in School Books, Sta
tioncry; also, Patent Medicines,
and Perfumery.
At the Post Office, in Masonic building
Onvion City. &
A. II. CELL. E. A- TARKEK.
BELL &, PARKER.
W DRUGGISTS,
AND DEALERS IN"
Chemicals, Patent Medicines, Paints,
Perfumery, Oils, Varnishes,
And every article kept in a Drug Stoic. Main
'reet, Oregon City.
CLARK GREENMAN,
City Drayman,
OREGON CITY.
ip.J?" orders for the delivery of merchan-
; ?'" Packages and freight of whatever des
rl,,1! , ,t0 aty part of the city, willbeexe-M'-eq
promptly and with care.
T)ILL HEADS PRINTED.
At tiio Enterprise OCice
4 .-"ki
BUSINESS CARDS.
JADD & TILTON,
BANKERS, Portland, Oregon.
"Will give prompt attention to collections,
and other business appertaining to Banking.
Sight and Telegraphic Exchange
On San Francisco and the Atlantic States for
sale. Government Securities bought and
sold.
J.C FULLER,
BROKER, Portland. Orkgon,
( Cor. FRONT atid Washington St .
Pays the Highest Price for Gold Bust
Legal Tenders and Government
-bought and sold.
QP. FERRY,
BROKER, Portland. Oregon.
Cor. Front and Washington Stu.
Agent North British and Mercantile
Insurance Company, and Manhat
tan Life Insurance Company.
j?Govcmment Securities, Stocks.Bonds
and Rsl Estate bought aad sold en Con-
trtrsston. " -
RMES & DALLAM,
IMPORTERS AX0 JOBBERS OF
Wood and Willow Ware.
Brushes, 2'wines, Cordage, etc.,
AND MANUFACTURERS OF
Brooms, Pails, Tubs, Washboards. $-c
215 & 217 Sacramento St., San Francisco.
113 Maiden Lane, N. Y. City.
Y.H- W ATKINS, M. D.,
SURGEON, Portland, Oregon.
OFFICE 95 Front street Residence cor
ner 4f Main and Seventh streets.
JAMES L. DALY,
(Late Daly & Stevens,)
G' ENEEA L A GENT,
Office No. 104 Front street, Portland,
Will give special attention to Collecting
and adjustment of accounts, bills and notes;
Negotiating Inland bills ; effecting loans ;
buying, selling and leasing real estate; hous
renting, and to the general agency business
in all its branches.
W. C. JOllXSON".
F. O. H'COWN.
Notary Public.
JOHNSON & McCOWN, -
Oregon City, 0?-fgo.
JS35" Will attend to all business entrusted to
our care in any of the Courts of the State,
Collect money .Negotiate loans, sell real estate
etc. Particular attention given to contested
Land cases.
J. H. MITCHKI.L. J. N. DOLPH. A S511TH.
Mitchell, Dolph & Smith,
Attorneys and Counsellors at Laic,
Solicitors in Chancery, and Proc
tors in Admiralty
lT Office cer the old Post'Office, Front
street, Portland. Oregon.
A. C. GIBBS. C. W. PAR1MSH,
Xotnry Public and Cvtu. of Deeds.
GIBBS & PARRISH,
Attorneys and Counselors at Law,
Portland, Oregon'.
OFFICE On Alder street, in Carter's
brick block.
JOHN M. BACON,
Justice of the Peace City Recorder.
Office In the Court House and City
Council Room, Oregon City. .
sr Will attend to the acknowledgment of
deeds, and all other duties Appertaining to the
business of a Justice of the Peace.
J. WELCH,
DENTIST.
Permanently Located at Oregon, City, Oregon.
ROOMS With Dr- SaffarraDS, on Main st.
MACK, HATCH,
DENTISTS,
The patronage of those desiring First Class
Operation, is respectfully solicited.
Satisfaction in all cases guaranteed.
N. 15. Nitrous Oxyde administered for the
J'ainless Extraction of Teeth. Also : the
Ehigolene Spray used for those who prefer it
Office Corner of Washington and Fron
streets, Portland. Entrance on Washington
street. . 4-2.tf
JTARR & BROTHER.
BUTCHERS & MEAT VENDERS.
Thankful for past favors of the public
respectfully ask a continuance of the same.
We shall deliver to our patrons all the best
qualities of Beef, Mutton, Pork, Poultry etc.,
as usual twice a week, on
Tuesdays and Saturdays
Robinson & Lake
X-TILL CONTINUE THE STOVE AND
V V Tin-ware trade as usual, at the estab
lished EMIGRANT STORK,
Corner of Front and Salmon- ts.,
Portland. Oregon-.
SOMETHING NEW!
Boots with Wire Quilted Bottoms
o
These Boots are made on the American
standard last. They never fail to fit and feel
comfortable, and require no " breaking in.'
The Wire Quilted Soles
have been proren by practical experience to
last twice as long as the ordinary soles. A
spZeutlid assortment just received at
II. I). WHITE Jt Co.'s,
Boot and Shoe store,
?A.) 131 First st. Portland.
CHAUNCEY BALL,
ta Gradon, Co.,
MAycFAcrc&EB. or
Wagons & Carriages,
201 and 203 Front t Portland, Oregon.
CT" Wagons of every description
made to order. General Jobbing done
with neatness and dispatch.
John Nestor, Architect,
OFFICE IN CARTER'S BUILDING,
fcront st,, Portland Oregon.
FIRST-CLASS RESIDENCES,
Business Houses, Halls, Churches,
Tenements, Collages, Suburban
Residences, and
ALL DESK:fiirTIOKS OF BfilCK AXD FRAME
Buildings Designed and Planned
With accuracy, and scrupulously and faith
fully superintended. JSOwuefs interests
considered paramount.
A LARGE INVOICE OF NEW
Sunday School and Gift Books !
17ROM THE AMERICAN TRACT SOCIE
Various other Publishing Houses!
For sale bv the subscriber, on Jefferson st.
betwcen"2d and 3d, Portland, Oregon.
O. H. ATKINSON, Secretary.
32.lv aud Treas. Oregon Tract So c
OREGON CITY, OREGON, SATURDAY, NOTEMBER
THE WOODMAN'S IIEpLy.'
" Oh, woodman, spare that tree.''
No, mum; this 'ere tree,
Can't be no longer spared.
It aint no odds to me
If Muster Brown was squared.
"But Muster Brown sez: I" Green,
You chop that there tree down."
And what be say he mean,
Snre-ly do ; Muster Brown.
I don't posess the ed
To hargify with you;
A lady born and bred
Is safe to speak what's true.
But put a case ; I takes
A job from Mr. B.,
And little 'tis I makes
Out o' the likes of he.
Tonr heartstrings, and all that
Round this ere tree may cling
To contradict you flat.
Would not be quite the thing ;
But if you talk of shade,
There's other boughs than these,
And Other folks have played.
Mayhap, round other trees.
It' werry good to feel
A mist'uing of the eyes
For chairs of oak or deal,
And old strawhats likewise,
To keep, if you're a mind,
The things as makes you weep ;
I've got no fault to find,
If they are your 'u to keep.
But this e're old oak tree,
As you don't want cut down,
Excuse me, mum, you see.
Belongs to Muster Brown.
To him yon should apply,
Though faint no use, I think;
But, if you please, mum, I
Should like your health to drink !
comix a doavx in the world.
It lies like a great pain and a great
shadow on my heart, the way papa
looks every day when he conies home
from his business. He's grown so
pale and thin, and has such an anx
ious, troubled, harassed look, that I
can't bear to see it. If I sit down
and talk to him about my doll, and
my lessons, and the walks I've had,
he don't listen as he used to, and draw
me close up to him, aud look in my
face with his pleased smile, and pull
ray curls, aud say, " Go on, Pussy,"
when I stop. I know, when I look
up in his face, that he hasn't heard a
word of what I've been saying ; and
last night, when I carried him the
new stereoscope aunt Alary had sent
me, he just turned away and said :
' There, there, Effie ; I can't be
bothered with any such nonsense as
that now !"
It just made me feel so bad that I
sat down on a corner of the lounge
and cried all alone by myself, and
papa walked up and down the room.
Suddenly he turned round and saw
me.
" Why, Effie I" he said, and came
right towards me, and took me up in
his arms and kissed me. " Did papa
speak cross to his little girl ? She
mustn't mind, for he's in a great,
great deal of trouble now, and don't
know what he says."
" Oh, papa, I'm very sorry! How
soon will the trouble be gone ?' 1
asked.
" God only knows, my dear child!"
and he set me down, with such a sor
rowful look.
Last night, when Guy and I were
looking over that new book of " Pic
tures of the Frincipal Cities of Eu
rope," mamma came in and looked
at us a few moments, and the tears
came into her eyes, and she wiped
them away, and then she rose np
suddenly, and left the room, and I
said to Guy, after we had looked at
each other a moment
" Did you see that, Guy?"
" Yes, I did, Effie," be said, and he
looked as grave as an old man.
" Papa and mamma are in some
great trouble ; what does it mean,
Guy?"
My brother is nine, while I am
only seven, so I thought he might
know more about the matter than I
did.
" I think it's some trouble about
papa's business, and he's afraid he'll
lose all his property."
" Well, would that be anything
very bad V I asked.
" Effie, you talk just like a girl.
Of course it would be very bad, in
deed. We should be poor folks, and
I don't know what would become
of us."
"Then you'd have to go without
the new pony papa promised jou
when yoa were ten; and I ! O, Guy,
mamma said if I was a good girl
until New Year's, I should have a
party. How could I give that up 1"
" Well, I hope it won't be so bad
as that for either of us," answered
Guy, and his face was graver than
ever, and I thought he felt just as if
he would like to cry his heart is so
set on the new pony.
There's a shadow over the whole
house. I can feel it ; and Tgo about
on tip-toe, and don't speak above a
whisper. I wish the old time would
come back, when we all looked and
felt happy ; but, dear me, I haven't
the heart to go around singing and
playiDg, as I used to.
It's all come out at last ; and I
can't tell why, I don't feel half so bad
as I did, though it seems as thoutrh
I'd grown a great deal older and a
great, deal stronger, since last night.
We were all sitting together, just at
night mamma, Guy, and I. Some
how, as it grew dark, my heart grew
heavier, and I, went and put my arm
around mamma's neck, as she sat still
and looked into the fire in the grate,
and I said : . '
" Mamma; mayn't, Martha light
the gas and then won't yon., play
some pretty tune on the piano V
She looked at me and smiled, and
pinched my cheek, and I knew that
she was going to say " Yes," and Guy
started up and sprang to open the
piano, when the front dedr opened
and we heard papa's footsteps ring
along the hall. They came right, iip
stairs, toward the door,, as Guy
opened. Papa did not speak a wbrdj
he came right towards the Ore j but
I knew that something very bad bad
hnppened, as soon as I looked iri his
face.
" O, Willard, whati? the matter?"
exclaimed mamma, laying her hand
on his arm. He turned and said
" Mar', the worst has come: I've
goue under to-day. Pin a poor niau."
Mamma grew very pale ; the tearg
ran right over her cheeks ; but she
tried to smile, for all, and said :
" Well, Willard, my dear husband,
we won't despair. You've got this
comfort : you've done the best you
could."
" I believe that I have,' said papa.
" I haven't wronged any man, and for
myself alone I could stand it ; but,
there's you and those dear children !
O, Mary, that's the thought that cuts
me to the tjuick j"
" Don't let it; my dear husband.
God will takfc care of us, aud give tls
good, brave hearts to carry us through
this time of trial."
Why, Mary, I didn't suppose
you'd take it like this ;" and papa
drew mamma to him.
I went up to them and asked :
" Papa, is it true we're poor folks
now ?"
" Yes, my little girl, papa has
failed, and lost all hi3 property, and
he's only got mamma, and Guy, arid
Effie, to comfort him now."
"Well, papa, I don't believe it's
so very bad to be poor. I'll go with
out my New Year's party, and wear
my old dresses for a year."
" And Til go without my pony,"
said Guy ; aud I knew it cost him
more to give up this than it had me
to let ray part' go.
"They've got your spirit, Mary,''
said papa, and he really smiled. " I
begin to feel already as thougu we
should weather the storm."
" Of course we shall," said mam
ma. "We must lok the matter
bravely in the face, aud make up our
minds to come down in the world
cheerfully and submissively. It won't
be so bad, after all, Willard. We'll
break np here and go off into the
country, and back to the dear old
cottage where you found me twelve
years ago. I can be happy there
again with you and the children, and
almost forget that I ever left it. Aunt
liachel will grow young in her old
age, to have us back, and in the green
Gelds and the sweet mountain air,
our ooy ana our gin will torget to
sigh for the lost luxuries of their city
home. '
" And wc can keep a cow, can't
we, mamma, nnd feed the chickens,
and ride horseback on aunt Rachel's
old gray, eTcry day, can't we ?" 1
asked.
Mamma laughed and kissed me.
" Yes. little girl, yon can do all
those things ; and you and Guy must
learn to take care of yourselves as
much as possible, for we can't afford
to keep but one girl, and there'll be
no nurse, nor chambermaid, nor
waiter any more j for we're poor
folks, and shall even have to sell a
great part of our furniture."
"Well, mamma, we couldn t put
it in aunt Rachel's cottage, you know.
But I'd quite as lief be there as here,
for don't you remember, 1 cried when
we came away last summer ?"
" What a little philosopher!" said
papa.
" And Effio, you and I can go and
ride on farmer Watson's loads of bay,
and we can go off into the woods for
berries and nuts ; and in the barn for
eges every day ; and watch the little
ducks go swimming in the pond. O,
I tell you, Effie, it 11 be glorious I"
cried Guy, clapping his hands.
" On the whole, I gness, Guy," 1
said, " that it's better to be poor
folks and live in the country. One
can hare such good times, you know!"
Papa and mamma laughed out
right ; but there were tears in mam
ma's eyes all the time ; and at last
she said :
" May-be it's for the best, after
all, Willard. God may have sent
this to make our boy and girl a bet
ter man and woman ; for I have often
trembled lest this life of case and lux
ury should make them weak and sek
fish. As for you, dear, I've do fears.
You'll get into business again, when
the shock is over, and can take care
of your little flock, for I'm resolved
it shan't be much of a burden on you
for the next five years. We will
trust in God, and we shall weather
the storm."
" So we shall," said pnpa, with a
smile like his old one. "And, Mary,
we shall learn one of life's grandest
lessons that there may be calm,
peace, asd contentment in
down in the world!"
We should like to learn by what
authority or from what source it was
announced that H. C. Victor, Esq.,
late of St. Helens, has been ap
pointed United States Minister to
the Feejee Islands,.
WHAT CONSTITUTES A LOTTERY.
District Court. U. S. District of Oregon.
November term. 1S68 Ttie ir)iited States
vs. Cyrus Olney. Action to recover spe
cial tax.
FINDING OF FACTS AND LAW.
This cause being tried without the
intervention of a jury, in pursuance
of the stipulation of the parties here
tofore Gled, the court now finds the
following conclusions of fact :
. I. That the defendant on March
15, 18 G7, at Astoria, , in the District
aforesaid, being the owner of a large
number of town lots in such town of
Astoria, did then and there divide
the greater portion of the same into
six hundred parcels, for distribution
by lot among the persons who should
become the . purchasers thereof, as
hereinafter stated. .V
II; That three hundred of such
parcels consisted of one lot each, of
hot less than fifty dollara value ; aud
the other three hundred of such par
cels, in and by such division and the
scheme hereinafter stated, were de
nominated prize parcels, and con
sisted of twb. four and six lots each,
of the value of fifty dollars each, and
single lots varying in value from one
hundred to six hundred dollars, and
one house and Jot of the value of
one thousand dollars ; and also, one
cottage and three lots of the value of
five thousand dollars.
III. That afterwards the defend
ant prepared a scheme for the sale
and distribution of such parcels of
lots and presented the same to the
public by advertisements in different
newspapers iu general circulation and
by a descriptive pamphlet, widely
circulated, for the purpose of inducing
the public to purchase tickets or
shares, representing parcels in such
scheme. :
IV. That by the scheme aforesaid
each of the parcels of property afdre
said were offered for sale at an uni
form price of fifty dollars ; and that
on and before May 15, is()7, the de
fendant sold all the tickets or
shares aforesaid, at the uniform price
aforesaid, and thereupon in pursu
ance of the scheme aforesaid, the
number of the lot or lots constituting
each parcel was written on separate
ballots and scaled up and placed in
a box, and the name of each pur
chaser was written on as many sepa
rate ballots as he had purchased tick
ets or shares, and sealed up and
placed in another box ; and there
after, on the day last aforesaid, under
the supervision of a committee of
three persons, selected in pursuance
of such scheme, a ballot was drawn
from each of the boxes aforesaid, tnd
the name of the purchaser and the
description of the property thus
drawn were recorded by a clerk, and
then another ballot was so drawn
from each of such boxesand recorded
by the clerk as aforesaid, nntil all
ballots were drawn from each box,
and recorded as aforesaid; and there
upon the persons whose names were
thus drawn, were, in pursuance o1
such scheme, declared to be the pur
chasers of the parcel or parcels of
property so drawn by them, and the
defendant executed deeds to them,
therefor, accordingly.
V. That about one-third of the
contracts for the purchase and sale of
the tickets or shares in the scheme
aforesaid, were in writing, in two
parts, one of which was signed by the
defendant, and iu these words :
4i Astoria, May 1, 1867.
"This certifies that Paul Corno
has subscribed for twenty shares in
my scheme for the sale and distribu
tion of town lots in Astoria, Oregon,
and will be entitled to a warranty
deed for the property, which shall be
drawn to him according to the pros
pectus, on payment of the note given
for the purchase money.
(Signed) CYliUS OLNEY."'
And the other of which was s'gned
by the subscriber, and iu these
words :
"&1,000. AsTOMji,May 1,1867.
"For value received I promise to
pay to the order of Cyrus Olney one
thousand dollars; in gold coin. This
note is given for twenty shares in the
Astoria town lot distribution, and is
payable when the deed is ready for
delivery, according to the pros
pectus.
(Signed) PAUL COPvNO."
VI. That the defendant during the
period and between the dates afore"
said, or at any time thereafter, Cn ac
count of the scheme and drawing
aforesaid, did not pay to the United
States the special tax, or any part
thereof, by law imposed upon lottery
ticket dealers.
And as a conclusion of law from
the premises, the Court finds, that
the defendant on and between the
dates aforesaid, iu selling the tickets
or shares as aforesaid, in the scheme
aforesaid, was engaged in the busi"
ness of a lottery ticket dealer ; aud
that thereby such defendant became
and still is liable to pay to the Uni
ted States a special tax of one hun
dred dollars.
orixiOK.
This action ia brought to recover
the sum of one hundred dollars, al
leged to be due the United States
from the defendant, as a special tax,
for engaging in the business of lottery
dealer. It was commenced October
17, 1S67, and tried by the court
without the intervention of a jury on
November 13, thereafter, and has
since been continued from term to
term for deliberation and advisement.
The facts of the case are stated in the
findings of the court.
14, 1808;
The law imposing this tax is found
in subdivision 6 of section 79 of the
Internal Revenue act of jnae 30,
1864, as amended by the act of July
13, 1S66, (14 St&L at largt 116)
which reads as follows :
" Lottery ticket dealers shall ffay
one hundred dollars. Evefy person,
association, firm or corporatioti.which
shall make, sell, or offet to Sell lottery
tickets or fractional parts thereof; or
any token, certificate or device repre
senting or intending to represent a
lottery ticket or any fractional pdrt
thereof, or any policy of numbers in
any lottery, or shall manage any lot
tery, or prepare schemes of lotteries,
or superintend the drawing of any
lottery, shall be deemed a lottery ticket
dealer.'7
The statute imposes a tax upon a
dealer in lottery tickets and also de
clares who shall be deemed such
dealer, but it does not define or limit
the signification of the word "lottery."
A person to be liable as a dealer in
lottery tickets must in some of the
modes or instances mentioned in the
statute, be engaged in the prepara
tion, conduct or management of a lot
tery, so that the liability of the de
fendant turns upon the question
What is a lottery ? The answer to
this question must be found in the
meaning of the word, as established
by usage and authority. I assume,
with the argument for the defendant,
that the legal and popular meaning
of the term coincides, and that it is
used in the statute according to its
primary and general acceptation. In
deed, 1 am not aware that the word
has any technical or peculiar signifi
cation. The word " lottery" is defined and
used as follows by lexicographers and
writers :
" A distribution of prizes and
blanks by chance ; a game of hazard
in which small sums are ventured for
the chance of obtaining a larger value
either in money or other articles."
Worcester's jbic.
" A distribution of prizes by lot or
chance." Webster's Die.
" A scheme for .the distribution of
prizes by chances.'' Bouvier's Die.
" A kind of game of hazard where
in several lots of merchandise are de
posited in prizes for the benefit of
the fortunate." Reis. Cyclopcedia.
"A sort of gaming contract, by
which, for a valuable consideration,
one may by favor of the lot, obtain a
prize of a value superior to the
amount or value of that which he
risks." American Cyclopaedia.
" That the chance of gain is nat
urally over-valued, we may learn
from the universal success of lotteries."
Smith's Wealth of Nations, B 1,
C 10.
All these authorities agree that
where there is a distribution of prizes
something valuable -by chance or
lot, that this constitutes a lottery.
Rut the definitions from Worcester
and the American Cyclopedia are
the most complete. Prom each of
these it expressly appears that a val
uable consideration must be given for
the chance to draw the prize.
Tried by this standard it is mani
fest that the scheme prepared and
carried out by the defendant for the
sale and distribution of these town
lots was a lottery. True, the pur
chasers of tickets or shares were in
any event to get something at the
least, a lot, for the purposes of this
scheme estimated to be worth $50.
But it is not probable that any one
would have purchased a ticket if it
was certain that he would have re
ceived nothing in return but one of
these so-called fifty dollar lots. If
the first three hundred lots could have
been sold for fifty dollars each on ac
count of their market value, certainly
the defendant would not have been
improvident enough to put the other
three hundred prize parcels into mar
ket at the same price, while their
actual value was from 100 to $5000
each. This is neither reasonable or
probable.
The chance of obtaining $5,000 for
$50 was the enticing object which
the scheme held up to the public as
an inducement to purchase the shares,
and this "chance of gain," upon which
depends " the universal success of
lotteries," tvas to be determined by
i-"t. This scheme has all the attri
butes aud elements of a lottery. It
is a, distribution by lot of a certain
number of prifes among twice the
Dumber of persons j and that too of
prizes very Unequal in valtie. The
certificate of purchase issried by the
defendant to ecchpurchasff is aticltet
which entitled the holder to the chance
of drawing a prize of from two to one
hundred times the value bf the price
of the ticket. It is evident that the
first three btfndred lots could not
have been sold by any ordinary
method at $50, each, if at all. This
is also probably true of many of the
prize parcels. Whatever may have
been their intrinsic oi future valne
the evident aim of the scheme was to
sell them for more than their market
value, and this was to be accomplished
by an appeal to the universal passion
for playing at gariles of fcbance. The
purchase of the ticket and the pay
ment of fifty dollars, was made for
the tkanct of obtaiuing one of the
prize parcels, represented to be worth
many times that snm.
This was a lottery acSordihg to
the common aceeption of the word.
It was a lottery within the definitions
in the dictionaries;
It matters not; even it the ptfr
cbftser Mvas to receive the full value
of his Money in" any event. As "a
matter of fact, the Money was paid
for the chance of the prize also, and
would not have paid without this in
ducement. The sale of the ticket by
the defendent gave the purchaser
this Chance to obtain so'iriethmg more
than he paid for. This was dealing
in J6ttery tickets within the purview
of "the Revenue act.
The argument of the deendant as
autiies that the purchasers of the prop
erty bought the six hundred parcf Is in
cb'rarHon, and after thus becoming
the Owners of the same, adopted
this iiiethod of distributing or di
viding it among themselves.
If persons already' b'wnihg family
plate; pictures or other property not
Susceptible of division or evert equal
division, choose to distribute by an
appeal to lot, what has thus fc'orhe to
them before they had any scheme bf
so distributing it, they are not within
the definition of a lottery, rior liable
to this special tax. They have hot
given a valu'able consideration for the
cJtance of . obtaining something of
much greater value it prize.
The argument of the defendant is
ingenious and plausible, but it is
based upon an incorrect assumption.
It ignores the fact the main spring
of the whole transaction that the
tickets were sold and purchased for
the avowed purpose of giving to eabh
of the purchasers a chance to obtain
a prize parcel by means of this sub
sequent allotment. The division by
lot was not an after thought of the
purchasers, but a prominent part . bf
the original scheme of sale and dis
tribution as prepared by defendant.
No purchaser bought any particular
lot or parcel, or any tindivided .
terest in the whole property. Each
purchaser bought the tight to bare,
by allotment, one of the thte'e hun
dred lots, estimated to be worth 50
dollars each, and the chance of ob
taining iustead of such lot, bn bf
three hundred prize parcel; represent.
ed to be worth from SlUU to b,uuu.
The chance of obtaining brte of the
prizes and even the most valuable
one rather than the $50 lot, induced
the purchaser to buy and enabled the
defendant to sell the certificate of
purchase. Indeed, the sale of the
first three hnudr'ed lots, in three hun
dred parcels, for fifty dollars each,
upon the condition that they should
be distributed among the purchasers
by lot, would itself be a lottery, unless
the lots were in fact of equal value
which is very improbable:
The case is In almost every respect
the counterpart bf the celebrated case
of the American Art Union-, decided
in New Y'ork, 1852. the scheme
of the Art Union was, that by pay
ing $5, any person could become a
subscriber and entitled to ah engrav
ing and certain numbers of the Bulle
tin, containing the proceedings bf the
society, and the chance of bbtaihg one
of a number of valuable paintings,
which in December of each year,
were to be distributed by lot am'ong
the members. The drawing yras .to
be conducted precisely as in this
case by placing the name bf the
subscriber in one be7 and the number
of the painting in another. A num
ber being drawn from the latter box,
a name was drawn from the former
one, aud the person whose name was
thus drawn, was tb be the owner Of
the prize represented by that number.
The Supreme Court decided that
this was a lottery (14 Bar. 518). The
case was then carried to the Court of
Appeals and argued on behalf of the
Art Union with great ability. The
Court of Appeals affirmed the deci
sion of the Supreme Court, that the
scheme was a lottery. (7 iVcts York
Rep. 223.) The proceeding iu the
Netv York conrts was tb enforce the
forfeiture of the property proposed tb
be distributed by this scheme; and the
case turned opon the construction or
interpretation of the word " lottery "
in the prohibition contained in the
constitution Of the State " No lot
lottery shall be authorized in this
State."
This action is simply to enforce the
collection of a tax imposed by the
United States upon all lotteries. A
reveuuc law is not to be strictly con
strued, but rather the contrary, so
as to attain the ends for which it was
enacted. With the policy or impolicy
of allowing lotteries the revenue act
does not interfere. It simply pro
vides for taxing them; whenever and
wherever they in fact take place.
They are especially and heavily taxed;
not for the purpose of cucouragiug or
prohibiting them, but upon the same
ground that matty other special taxes
are laid ; because; as a rule; it is well
kuown, that their owners and tnah
agers feteive from the public large
gains; withoot giving any equivalent
therefor.
Keeping this end itl View, it is ap
parent that the Revenue Act Ought
to be so construed, as to include
every case of the distribution of prop
erty or money, -which contains the es
sential elements of a lottery the pay;
ment oi a Valuable consideration for
a chance of obtaining by lot, something
more valuable in return.
It is true, the defendant may have
engaged in this scheme without any
thoughts of becoming 4 dealer in
what the law deerns lottery tickets.
Indeed; other motives than the hope
of actual gain may have induced him
to make the sale and distribution that
be did. In the prospectus at the
scheme, published by him; he asks
the question i
" Why is this property pot into" a
raffle at prices which average less
than half the selling rates 1" and ans
wers it as follows :
" Only because the sale to citizens,
for actaal improvement, at full prices,
at the rate of three to five thots ind
dollars a year, on time, as heretofore,
is no lo'.Tger adapted to the circum
NUMBER X
stances of the prb'pfietor, who has be-"
cbm'e a'ri invalid; and! m'tfst hasten tcf
complete the improvements and en
terprise which hfe has in ft&H-lf 1 i
, But even tfpb'n ihis mild view of
the scheme, feff the purpose' bf taxa-
tiort, it ttiuSt be cb'tisidered, b'r rather
is a lottery. jj it many persons"
are induced to' buy property, which
has ho present mttrktt ialiie, and whicW
they otherwise -frooid not purchase at
atfy price; becMuse thfere is set before
them tie chance bf bbtai7ting by lot it.
certain1 prize bt piece bf property of
much gfeatfer vahje than the Consid
eration advanced; . ;
Let the judgment be' giveri for the
plaintiff for the Sum demanded in the
cbmplairit and the costs find expensed
of, the action1, -; ; HEADY, J.
&tii6s C. Gi iris, for the U. S. ;
Cf fcts" OLvEt, for himself. .
.' . , - : : --'
iEC.i"ir OF MEMORY,
in old age, the brain loses its pbvf
er to receive hev images, tb restore-'
b'ysgbh'e itapres6Khs, to cbnnect dif
ferent images; br to apply gfcneraf
laws to specific instances. Thai which!
ennobles the maft has passed away;
the bdtwifd forrii remains, bat the'
inward atrticttire lias lost Its power to'
act. Childhood tigaiii ensiies not tb
acquire tiew ideas, biit to forget those
before implanted: All that is beau
tiful and desirable in this -frbHd has
passed away the brain has lost its'
power the mind ceases the Very
existence of thfe man is unknown to"
himself till death gives rUe to a nevfr
life; atid discloses that new and glorl'
oils state Iri which our brganizatibn
tenches us that mad will bo Immate
rial ah'd immortal.
,, Mr. Stewart conceives (says the
Rev. Sydney Smith), and as it ap
pears to trie, with great justice that
the decay of memory observable iri
old men, prbcecds a frequently trbni
the very little interest they take iri
what Is passirig around theth as in ahjf
bodiiy decay by which their pbwers
of mind are weakened. ' Insofar
as this decay bf tnphibry; ivhich old
age brifigs along with it; is a necessa
ry couscquence of a physical changij
in the constitution, bi a consequence
of a diminution of sensibility; it is the
part bf a wise man tb submit cheer
fully to the lot of his nature. But ib
is not unreasonable to think that
something may be done by bur efforts
to obviate the inconvenienbes which
commonly result from it.
Sir Benjamin Brodie observes tirji
on this point. It is wcrthy of uotitS
that, while in old age the recent im
pressions on the memory are evanes
cent; it is qriilfe oibeHvlste jLS to UibsS
which were wade formerly; arid hence
it is that the bl'd'fcah; whosb mind
wanders wh'en he speaks of what hap1
pened to day or yesterday, may be
quite clear atid coherent when he gbe3
back to the scenes of his early life
and that it is on these especially that
he loves to dwell during the day,
while they form alaiost thfe entire Sub
ject of his dreams at night; At tb
same tithe my own observations lead
me to believe that the failure of the
mind in bid age is Often more appa
rent than real; The bid man is cbt
stimulated by ahlbitloU; as lieh he
felt that he might have many ytears of
life before him. He has, probttblfi
withdrawn from his former phrsrtits,
and has substituted hb others fbi-
thefci; and we know that the fhifid ai
well as the body requires coristaht
exercise to maintain it in a healthy
state. Where it is still occupied wo
frcqtlehtly find it to survive the decay
of the body; retaining its energy and
vigor to the last."
HOW ii.VMSAY PAtD H!8 Rfc$T.
Wit is sometimes worth money, but
then it is quite essential tb have tL
good-natured customer to deal With.
When Allen itamsay; a well fenori
Scotch ptret, began fife, he was so
poor that he Could not meet his first
year's rent. Aftef It became dtie hb
met his landlord and explained his fcir
eumstanceSj and expressed his distress
at his failure to meet his obligation.
The jolly landlord Tfas qnite kind td
hith, and sard that as he was a lad
of some geniris he wdhld give him a
chance to cancel his debt without pay
ing a shilling. "If," said thb credi
tor, " you'll give hie a rhytiring ans
wer to four questions iff as many min
utes, I'll quit yotl the rent altogether."
Allen said lie would try.- The ques
tions were: "What dofes God love?
What does the Devil love? What;
does the world love? What do t
love?" Itamsav wrote:
fjod iotfes roin vhen be refrain foii tn-
The Devil lotes nian -hen be pefsisis therein
The world loved rrian whett rffches on him no.
Ana you'd love ine could I pay jott what I owe.
" The rent is paid," said the farmer.
giving his irigeniotK tenant a besrty-
siap on the Shoulder.
The London correspondent of the
New Y'ork News says the Abyssinia
expedition tvas Costing E-ogland $25,-
000,000 pef anfctfm, for freight alone,
and the liberated prisoners nave Cost
Great Britain $14,500,0CO each;
English tax payers do uotlite the fig
ures, but the dishonor of the nation is
not threatened by repudiation1. We .
Americans have a debt of $Tl off
every head: En gland has s debt of
$140 on every bead. Re acquired
Our3 fighting fof liberty " atfd the na
tion's life; they for conquest, and the
release of subjects. We-talk of repu
diation and chicanery; . they pay. jf
England can pay her debt honcstlyi
why shall wc not pay ours T