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PENALTIES FOR USE OF MAILS IN CONNECTION WITH FRAUDULENT DEVICES AND LOTTERY

PARAPHERNALIA

HEARING

BEFORE THE

COMMITTEE ON POST OFFICES AND POST ROADS UNITED STATES SENATE

SEVENTIETH CONGRESS

FIRST SESSION

ON

S. 2751

A BILL TO AMEND SECTION 213, ACT OF MARCH 4,
1909 (CRIMINAL CODE, TITLE 18, SECTION 336, UNITED
STATES CODE), AFFIXING PENALTIES FOR USE OF
MAILS IN CONNECTION WITH FRAUDULENT
DEVICES AND LOTTERY PARAPHERNALIA

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COMMITTEE ON POST OFFICES AND POST ROADS

GEORGE H. MOSES, New Hampshire, Chairman.

LAWRENCE C. PHIPPS, Colorado.
TASKER L. ODDIE, Nevada.
PORTER H. DALE, Vermont.
COLEMAN DU PONT, Delaware.
THOMAS D. SCHALL, Minnesota.
WM. H. MCMASTER, South Dakota.
LYNN J. FRAZIER, North Dakota.
ROBERT M. LA FOLLETTE, JR., Wisconsin.
SMITH W. BROOKHART, Iowa.

KENNETH MCKELLAR, Tennessee.
J. THOMAS HEFLIN, Alabama.
PARK TRAMMELL, Florida.
COLE L. BLEASE, South Carolina.
SAM G. BRATTON, New Mexico.
DANIEL F. STECK, Iowa.
JOSEPH T. ROBINSON, Arkansas.

MARTHA R. GOLD, Clerk.

PENALTIES FOR USE OF MAILS IN CONNECTION WITH FRAUDULENT DEVICES AND LOTTERY PARAPHERNALIA

TUESDAY, MARCH 27, 1928

UNITED STATES SENATE,

COMMITTEE ON POST OFFICES AND POST ROADS,

Washington, D. C.

The committee met, pursuant to call, at 2 o'clock p. m., in the committee room, Capitol, Senator Kenneth McKellar presiding. Present: Senators McKellar (presiding), Phipps, Oddie, Dale, McMaster, Heflin, Blease, Steck, and Robinson of Arkansas.

Present also: Senator Morris Sheppard, of Texas.

Senator MCKELLAR. This meeting is called for the purpose of considering S. 2751, a bill introduced by Senator Sheppard to amend section 213 of the act of March 4, 1909. The bill may be inserted at this point.

(The bill referred to is here printed in full, as follows:)

A BILL To amend section 213, act of March 4, 1909 (Criminal Code, title 18, section 336, United States Code), affixing penalties for use of mails in connection with fraudulent devices and lottery paraphernalia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 213, act of March 4, 1909 (Criminal Code, title 18, section 336, United States Code), be amended so as to read as follows:

"SEC. 213. No letter, package, postal card, or circular concerning any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or concerning any article, device, or thing designed or intended for the conduct of such lottery, gift enterprise, or scheme, or concerning any unfair, dishonest, or cheating gambling article, device, or thing; and no lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance; and no article, device, or thing designed or intended for the conduct of such lottery, gift enterprise, or scheme, or matter relating thereto; and no unfair, dishonest, or cheating gambling article, device, or thing; and no check, draft, bill, money, postal note, or money order for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme; and no newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, or containing any advertisement of any article, device, or thing designed or intended. for the conduct of such lottery, gift enterprise, or scheme, or containing any advertisement of any unfair, dishonest, or cheating gambling article, device, or thing, shall be deposited in or carried by the mails of the United States or be delivered by any postmaster or letter carrier. Whoever shall knowingly deposit or cause to be deposited, or shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of the provisions of this section, or shall knowingly deliver or cause to be delivered by mail anything herein forbidden to be carried by mail, shall be fined not more than $1,000 or imprisoned not

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