supposed no chance at all was present. If there are only two tickets in a lottery scheme, the holder of one of them has one chance to lose against one to win. In other words, the chances are equal. Issue 1,000 tickets and the holder of one ticket has one chance to win against 999 to lose. Issue 1,000,000 tickets and the holder of one has one chance to win against 999,999 to lose. Chance, in the scheme, where there are only two tickets, is precisely the same as in the scheme where there are 1,000,000 tickets but the probabilities as to winning and losing are vastly different. In the cases named it is easy to calculate the probabilities but there are schemes in which it is difficult to determine what the favorable and adverse probabilities are. Take the case where a newspaper offered a prize to the party who would guess nearest the number, consisting of six figures, of a treasury note, the figures in the number being given but not in the order they appeared on the note. Here the adventurer would have to determine how many different possible positions in which the six figures could be placed before he could determine the probability of his winning or losing. There are other cases where the probabilities can not be determined in advance at all. Take a case, to illustrate this class, where the promoter puts 1,000 tickets on the market but states that the drawing will occur if 500 tickets at least are sold. Here the adventurers, at the time they invest their money, can not know whether all of the tickets will be sold or not and hence they are utterly unable to calculate, at that time, their chances in the scheme. Again suppose a promoter should offer a prize to the party guessing nearest the degree of temperature the thermometer would mark on a given day, one party being entitled to only one guess, the number of guessers not being limited. Here the adventurers can not calculate the probabilities of winning, because they do not know the number of the competitors. Then again the probabilities of winning may be increased as the drawing progresses. Suppose twenty-five numbers, from one to twenty-five

inclusive, are put in a box, there being one prize number and the drawing begins.

Before any number is drawn out the chance of the prize number being drawn is one to twenty-four. After one is drawn, it not being the prize number, the chances against it being drawn next time are twenty-three to one and so on till only one is in the box and then all chance disappears and that the prize number will be drawn next time, it not having been previously drawn, becomes a certainty. It will be noticed in this illustration, that the chance of drawing the prize number is not increased as the drawing proceeds, but the chance of its not being drawn decreases until the prize number alone remains in the box, when all chance, for and against that number being drawn next time, disappears. And until that point is reached bets could be obtained that the prize number would alone remain in the box but when that point is reached not only all chance in the drawing disappears but the possibility of obtaining a bet on the last drawing from sane men would also vanish. But let this suffice on this particular phase of the subject, as the Doctrine of Chances or the Theory of Probabilities does not come within the scope of this treatise.

Sec. 28a. Some of the courts have held, at least indirectly, if not directly, that in order to constitute a lottery pure chance must inhere in the scheme. People ex rel. Lawrence vs. Fallon, 152 N. Y. 12.

It is not clear what the courts in this and other cases meant by "pure chance," for it is not probable that they had overlooked a large class of cases in which it was held that the schemes constituted lotteries though the chance element therein might have been influenced, at least, if not controlled, by skill or forethought.

Black in his Law Dictionary states that "pure chance is the entire absence of all means of calculating results;" and it may be stated that pure chance exists only in those schemes, wherein there is simply a mechanical drawing or selection, which can be done as well by a machine or a child as by the most intelligent man. In all other schemes such as card play

ing, horse racing, hazard, etc., skill or knowledge may play an important, though not a controlling part.

Sec. 28b. In the missing word contests which have been held to be lotteries where reason and forethought have some bearing on the result, the contestants must select from all known words a word, which taken in connection with the words given, will complete the sense of the sentence and this can not be done so well or so correctly by a machine or a child without experience or learning, as by an intelligent person in the exercise of the reasoning faculty.

Sec. 28c. Suppose the wheel is resorted to, to supply the missing word in this sentence: "She is the most

woman

I ever met." All the words in our language would be put into the wheel and a word wholly inappropriate would as likely be produced as one that would make the sense complete; indeed the chances that a word wholly inappropriate would be produced would preponderate in the ratio of about 10,000 to 1, as the inappropriate and appropriate words in our language for the missing word in the sentence are about in that ratio. The same result would follow if a child, which knows nothing of the meaning of words, should select the word. The child, in such case, would be merely a machine. But suppose an intelligent man should be asked to supply the word. He would at once discard all the manifestly inappropriate words of our language and confine himself to the few, probably less than twenty-five, that would complete the sense. In the latter case can it be said that there is an entire absence of all the means of calculating results or that a machine or child is as likely to select the correct word as an intelligent, educated man? And yet if a prize should be offered for the correct word in that sentence (and by the correct word is meant the word that has been or may be arbitrarily selected by the promoter or someone else) the scheme would confessedly be a lottery.

Ses. 28d. It is universally conceded that in tossing a coin or die, or turning a wheel or an arrow upon a wheel, it is a matter of chance which side of the coin or die will turn up or what figure the wheel or arrow will register and yet when we

see what acrobats and slight of hand performers do, we can not doubt that men and women too can, by exercise, skill and adroitness, apply such force to the coin, die, wheel or arrow as to almost unerringly control the result. When we look at a man throw six sharp bowie knives into the air in quick succession so that they all are seemingly in the air at the same time and take each one unerringly by the handle without injury to himself as it comes down, can we doubt that he could acquire the skill to toss a coin into the air so that heads or tails would turn up at his pleasure or that he could apply such force to a wheel or arrow as to cause it to stop at the point he desired?

Sec 28e. Many of the courts, text writers and lexicographers, as has been shown, call a lottery a game of hazard. Webster defines hazard to be "that which falls or comes suddenly; a fortuitous event; chance; accident; casualty." * * * "To run the hazard, to do or neglect to do something when the consequences are not foreseen and not within the powers of calculation; to take the chance; to risk." He also gives as a definition of this word "a game of dice," but marks it obsolete.

In Chamber's Encyclopaedia, under the title "Hazard,” it is stated hazard is a game at dice without tables, which can be played by any number of persons. After stating how the game is played the article concludes thus: "Hazard is exclusively a game of calculation, and is never played merely with a view to amusement. Essentially an essay of calculations and combinations, requiring a cool and clear head to execute them, it has been an incitement to the wildest schemes under the name of 'systems,' that ever laughed mathematics to Hazard has been long a standing game at all the houses of play in Britain, in the face of a fact that owing to the intricacy of the calculations of probabilities the odds in favor of the professional player over the amateur are 100 per cent. In spirit, if not to the letter, it is the arithmetic of dice.""

scorn.

Sec. 28f. A lottery scheme is also called a game of chance, not a game of pure chance; and many of the courts in

the "Option Deal," horse race and other cases, hereafter cited, compare the chance of the future price of an article, the chance in the result of a horse race and the chance when a railroad in process of construction will be completed to the kind of chance in the turning of a card or die and betting on such a result to betting on a game of faro, brag or poker. Certainly experienced men may make reasonable calculations as to the future price of wheat or stock or the completion of a railroad and yet these events are so uncertain as to justify the courts in deciding that making money or property dependent upon them is not only gambling but gambling of the same kind as with cards or dice.

Sec. 29. The distinction sought to be made between chance in lottery gambling and chance in ordinary gambling, requiring pure chance in the former and simply chance in the latter is not sound and lottery schemes can not be confined to those wherein pure chance is found. None of the law making bodies in this and other countries has ever, in defining or prohibiting lotteries, qualified "chance" by the adjective "pure" and the courts are not justified in interpolating that qualifying term in the statutes.

In the case of People ex rel. vs. Fallon, 152 N. Y. 12, it was not necessary to make the distinction above noted, as the court decided that the transaction in that case was neither a wager nor lottery and hence it follows that the prize was not dependent on either chance or pure chance.

The evil the statutes were intended to suppress is gambling and whatever scheme, having all the other elements of a lottery, which appeals to the gambling spirit, and in which a prize is made dependent on an event unknown to such an extent as to induce men of equal intelligence to risk their money or property on the result, should be adjudged a lottery, for in such case the prize is made dependent upon chance in its gambling sense and such scheme begets "a love of making gain through the chance of dice, cards, wheel or other methods of settling a contingency and has in it all the elements and ten