anaheim-gazette 1959-03-05
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Bingo Advs. Not Legal In Mails
Noting a marked increase in questions about "bingo" as a lottery, Postmaster Marshall N. McFie today released some questions and answers on this subject:
Q. Does state law making bingo legal within individual states make it possible to use the mails to advertise bingo so long as such advertisements go only within state borders?
A. No. Changes in state laws do not affect the federal statutes restricting bingo.
The Postal Lottery Law, Title 18, Section 1302, United States Code, prohibits any mailing of lottery matter — and bingo is considered a lottery—whether such mailing is a ticket, payment or advertisement.
It makes no difference that such mailing is confined within the borders of the state where such lottery may be legalized.
Q. Does the restriction against lottery "advertisements" apply only to newspaper advertisements?
A. No. The restriction applies equally to magazines and periodicals which go through the United States mails, as well as to any form of notice advertising a lottery sent through the mails by individuals or organizations.
Q. One does not think of bingo as being in the same category as the big lotteries such as the Irish Sweepstakes. Why is bingo considered a "lottery?"
A. The law says it is a lottery. Under federal court decisions, the classic identifications of a lottery are "considerations, chance and prize." There is consideration in the form of the fee paid to play; there is no doubt that there is chance in bingo; and prizes of cash or merchandise are offered.
Q. Suppose the advertisement of a bingo game does not mention "bingo" at all? Is it still prohibited in the mails?
A. Yes. Bingo, or similar games using different names, cannot be advertised in any matter carried through the mails. The law cannot be evaded by such words as "Par-
LAW IN ACTION
SECURITY & FREEDOM
Sometimes big questions such as the security and freedom of our citizens arise out of what look like sordid and petty affairs.
The police need underworld pipelines to help protect us, and informers may serve that purpose.
accused and the informer met in a doctor's office while trying to "shake" the drug habit. The informer asked and then begged the accused to get him some drugs, appealing to his sympathy. When the accused reluctantly yielded and bought drugs for both, the informer told officers. They arrested, and the trial court convicted the accused.
But this time the U. S. Supreme Court turned the prison-
SECURITY & FREEDOM
Sometimes big questions such as the security and freedom of our citizens arise out of what look like sordid and petty affairs.
The police need underworld pipelines to help protect us, and informers may serve that purpose.
In two recent U.S. Supreme Court cases, informers got people to sell narcotics, at which officers caught them in the act.
Yet in one case the Court upheld the conviction and in the other it freed the prisoner.
In one case, the informer introduced the accused to an officer who pretended to be a narcotics buyer. The officer wanted to buy drugs, he said, but if the accused did not want to sell them, not to bother. With no more inducement the accused came back in a few weeks and sold drugs to the officer. Nobody tried to pressure or urge him to break the law. The trial court convicted him and the Supreme Court held that there was no "entrapment."
But in case Number 2, the accused and the informer met in a doctor's office while trying to "shake" the drug habit. The informer asked and then begged the accused to get him some drugs, appealing to his sympathy. When the accused reluctantly yielded and bought drugs for both, the informer told officers. They arrested, and the trial court convicted the accused.
But this time the U.S. Supreme Court turned the prisoner loose, saying that the sale was "entrapment," and that law enforcement is meant to prevent crime and catch criminals: "Manifestly that function does not include the manufacturing of crime."
Law enforcement does not call on the government to play upon the weakness of an innocent party to beguile him into committing crimes.
Note: California lawyers offer this column so you may know about our lives.
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"Games" or "Big Game Friday Night" or by merely "$". If the advertisement relates to a lottery, it is exempted in any way from federal prohibitions?
None whatever. The Postal Law makes no exceptions or of lotteries conducted for causes, or which might be used as a "Little raffle."
Ope," Mr. McFie commentat these answers will aid understanding of these which the Post Office Dept is duty bound to enLEMON CREAM SCONES
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