Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 590
viii, 704 p. ; 22 cm.View a full description of this book.
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690 IANDLE V. THE STATE. [Term of
Opinion of the Court.
office of the Secretary of the State. By the terms of their association
it was to continue twenty years, unless sooner dissolved
by mutual consent, its object was declared to be " for the purpose
"of conducting a gift enterprise, in conformity with the laws
" of Texas, for mutual profit of the stockholders of said associa"tion."
The business of the association was to be conducted
in the cities of Galveston, Jefferson, San Antonio, Dallas, Brenham,
Tyler, Austin, Houston, Waco, Bryan, Marshall, and
Denison. Five directors, selected for one year, were to conduct
the business; its capital stock was declared to be fifty thousand
dollars; the number of shares, five hundred. It was proven
by a witness who purchased a ticket from the defendant on the
19th of March, 1874, that the drawing took place on that day,
by the placing eighty numbers in a wheel, and that at each
revolution of the wheel, "a blindfolded boy " drew out a number,
until twelve out of the eighty tickets were drawn. That
if a party who had purchased "a two-number ticket," found
that the same numbers were among the twelve tickets drawn,
he was entitled to a sum of money, varying in amount, according
to the price paid for the ticket; that a three-number ticket
entitled the holder to a corresponding prize, if among the twelve
drawn there was found a ticket with the same three numbers
drawn. That prizes varied from one dollar and twenty-five
cents, to five thousand dollars; that witness drew nothing, but
was entitled to " a postal card," which he failed to claim.
Another witness testified in substance to the same facts.
Another witness stated that the prizes ranged from five to
fifty dollars, and that each ticket entitled the holder to "a
' postal card," or " car ticket," anyhow.
A witness for defendant stated that he had bought tickets to
the amount of fifty dollars, and had drawn prizes; said it was
not what he called a lottery, "because you are bound to get
" a postal card with each ticket, and in a lottery they are all
"blanks or prizes."
Another witness stated: "I know something about lottery.
(c This is not a lottery, because each ticket-holder is entitled to
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/598/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .