WHAT IS A LOTTERY?

Gisborne Times, Volume XXX, Issue 3500, 16 April 1912, Page 6

WHAT IS A LOTTERY?

AN INTERESTING APPEAL. '[PER- PRESS ASSOCIATION.] AVELLINGTON, April 15. The full Court (Judges Williams, Denniston, Edwards, Cooper and Chapman) sat this morning to hear the case: International Investment Company, Ltd., v. Andrews, an appeal from the decision of Dr McArthur, S.M., convicting the appellant company of an offence under Section 41 of the Gaming Act, 1908. The alleged offence consisted of selling to one Harold Petersen on January 5, 1912, at AVcllington, certain premium bonds issued by the Municipality of Paris, by which permission was given to the said Harold Petersen to have an interest in a scheme by which prizes of money were gained by a mode of chance. The appellant company was fined £SO, and ordered to pay costs. Sir John Find!av, K.C., and Air Hanna, of Auckland, appeared for appellant, and the Solicitor-General for the respondent. Sir John Findlay read articles showing that between 700 and 800 million of money had been raised on the Continent by means of premium bonds. This means of finance was looked upon with special favor in France and Belgium, also in Italy and Austria. He also referred to an article on the national debt in the ninth volume of the new _ Encyclopaedia Britannia (19th edition). Sir John cited authorities in support of the following' proposition. That the scheme is not a lottery, merely because some part of it is determined by lot. The scheme was not a lotte'rv. It must he shown that the substantial object of the whole scheme must be a lottery in order to bring it within the law. The Solicitor-General, in reply, contended that there was no such Principle as that contended for by JSir John Findlay, and cited authorities on the question. He submitted that apart from the Star-Bowkett scheme every scheme is a lottery when an ellment of chance is inserted as an inducement on people to compete in the transaction. . , ■ , Argument was.unfinished when the Court rose.