out of the benefit derived by them, since any such obligation would be for Congress rather than for the Executive to deal with. In the absence of any urgent reason for Executive action, I think the whole matter of these equitable liabilities concerning Philippine cables ought to be left to Congress or the permanent Philippine government. Turning now to the concessions in Cuba, I have already said that, as contracts, they do not seem to me to be binding upon Cuba or the United States. Cuba is but temporarily in our control, and I am of opinion that the question of an equitable liability similar to that mentioned in connection. with the Philippines need not be settled by us, but belongs to the permanent government of Cuba to determine. It is true, as suggested by the British ambassador, that by the treaty of peace it was provided that "the United States, who were to occupy the island on its evacuation by Spain, were to assume all the obligations, which, under international law, might result from such occupation, for the protection of life and property." The note of the British ambassador proceeds to say: "Article VIII provided for the security of private property; Article IX for the security of individuals; Article X for the free exercise of religion; Article XI for the administration of justice; Article XII for pending judicial proceedings; Article XIII for rights in copyrights and patents; Article XIV for the establishment of Spanish consular officers. All these provisions apply to Cuba, and while Article XVI states that the obligations of the United States with regard to Cuba are limited to the time of its occupancy, it further provides that it will, upon the termination of its occupancy, "advise" any government established on the island to assume the same obligations. Such an occupation is not in the slightest degree analogous to a mere military occupation. It may or may not be temporary, but, so long as it lasts, it carries with it the duty of respecting such local obligations as the concessions of the telegraph company. "It need not, in the opinion of Her Majesty's Government, be contended that the United States assumed absolute responsibility for the permanent observance of these con cessions in Cuba, but they are bound to respect them during the occupation, and to "advise" any succeeding government to do the like. "This obligation appears to Her Majesty's Government to result from the character of the occupation itself, and from the terms of the treaty." Article VIII of the treaty, above cited, simply provides that the relinquishment or cession of buildings, wharves, barracks, etc., belonging to the Crown of Spain, and the public domain, can not in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds belonging to provinces, municipalities, associations, or private individuals, of whatsoever nationality such individuals may be. The other articles cited are equally irrelevant. Article I, which declares that the United States will, so long as its occupation shall last, assume and discharge the obligations that may, under international law, result from the fact of its occupation, for the protection of life and property, can not well be strained so as to require the United States, by way of protecting life or property, to settle all the obligations, legal or equitable, of the government of Cuba. That is not the natural meaning of the article, and the discussions of the plenipotentiaries which led up to the treaty show that it is not the real meaning of the article, since a strenuous effort was made, and failed, to insert a stipulation concerning the obligations. As for the suggestion that the character of our occupation itself, aside from the treaty, binds us to respect the concessions, and to advise any succeeding government to do the like, it seems to me, on the contrary, that the foreign and purely temporary character of our occupation makes it highly proper for us to leave to the Government of Cuba the consideration and adjustment of a matter of this kind. (Bluntschli, Droit International, sec. 732; Calvo, Le Droit International, secs. 2489, 3144.) Congress has expressly forbidden the granting of new concessions in Cuba, or of any property or franchise; and while the recognition of this concession, or of an equitable responsibility in connection with it, might not literally vio late such prohibition, the resolution of Congress confirms me in the opinion that all such business can rightly be left to the deliberate judgment of the permanent government. Respectfully, The SECRETARY OF STATE. JOHN W. GRIGGS. LOTTERY- ENDLESS CHAINS. The "endless chain" enterprise, whereby A agrees with B that upon the return to him by B of a card accompanied by a certain sum of money and the distribution by him of ten similar cards accompanied by like requests to ten other persons, and upon the receipt by A of all of the ten cards accompanied in each instance by like sums of money, he will send to B a magazine for one year free, and will present him with books or other articles equal in value to fifty times the amount of money originally sent by B, comes within the prohibition of section 3894, Revised Statutes, as amended by the act of September 19, 1890 (26 Stat., 465), which provides that "No letter, postal card, or circular concerning any lottery, so-called gift concert, or other similar enterprise offering prizes dependent upon lot or chance, or concerning schemes devised for the purpose of obtaining property under false pretenses, * *" shall be received, transmitted, or delivered through the mails. Any enterprise or scheme by which a person pays for a chance to obtain something of much greater value, the getting or failure to get which, depends upon lot or chance, is similar to a lottery in the sense in which that word is used in this statute. * DEPARTMENT OF JUSTICE. August 31, 1900. SIR: I am in receipt of your note of March 31, 1900, asking, in substance, my official opinion whether certain cards containing printed matter similar to the one enclosed in your note can be legally received, transmitted, and delivered through the mails, in view of Revised Statutes, section 3894, as amended by the act of September 19, 1890 (26 Stat. 465), and I have the honor, in reply, to transmit the following opinion: Upon the cards in question there is printed the following: "DEAR : Please enclose this card with 20 cents in silver or ten 2-cent stamps in a sealed envelope, and address and mail it to The Midland Publishing Company, publishers of The Coming Age, Copley square, Boston, Mass.,' or for quicker answer, to 'The Midland Publishing Company, western branch office, 306 Olive street, St. Louis, Mo.' "They will send you by return mail, a copy of the Coming Age, together with a set of ten cards like this one, with full instructions, and a list with descriptions of fine clothbound books from which they give you $10 worth free. On receipt of the cards, hand or mail them to ten of your friends, the same as I have done to you, and when they have sent in your cards, as you do mine, the publishers will send you the magazine one year free, and in this way you will get the magnificent magazine, The Coming Age, 132 pages, each month, and entire year for only 20 cents. When the cards of your ten friends have been returned as requested, the publishers will then present you with $10 worth of magnificent cloth-bound books of your own selection, from their 1899 list of high-class books, which they will send you with your cards. "Instead of the books, if you prefer, you can have either a $12 family Bible, a $25 sewing machine, an $18 baby carriage, a folding bed, a suit of upholstered parlor furniture (3 pieces), a set (112 pieces) of decorated tableware, a combination bookcase and desk, an upholstered couch, a sideboard, a graphophone, an Elgin or Waltham watch (lady's or gentleman's), an imported double-barreled shotgun, or some other equally useful article, all shown in an illustrated catalogue, which will be sent you with the ten cards. “If you can not do this, please return this card, for if it is lost or destroyed it will break my chain. Kindly send it the day you get it, and you will do me a great personal favor. "Yours very truly, 66 "Name: "Postoffice: 1899. “$2 a year; single copies, 20 cents.” Each card bears a series number for identification. Commenting upon this, you say that "Every person originating a series of cards by the purchase and distribution of ten cards similar to the above, will receive a certain prize, provided these ten cards and ten other similar sets of cards-110 cards in all-which are to be purchased from the Midland Publishing Company, by each recipient of a card sent out by the originator of the chain, are all returned to the company, each accompanied by 20 cents, as set out above. If any one of the 110 cards fails to reach the company, according to the statement of the card it will break my (the) chain,' and the originator of the series will not be entitled to a prize." I am not quite certain whether the above is merely your construction of the working of the scheme as disclosed by the card itself, or is also a statement of some facts known to your Department, but not stated on the card. If the for mer, I am not able to agree entirely with that construction. As I understand the working of the scheme, as developed by the card itself, it is this: As these cards are intended for distribution in the manner indicated, I assume they can be procured for that purpose, on application for them. Then I suppose the originator of a series or "chain" obtains ten cards and distributes them among ten persons. If these all come back to the company, each with 20 cents, the originator gets his prize. But each of the ten persons so returning these cards gets back from the company another set of ten cards; and we will now follow one card of this first series, say, given to A. He has returned it, as I have said, and received ten other cards, and if he distributes these, he will be the originator of another (second) series, and if each of those cards returns with 20 cents to the company, A gets his prize. The same is true of the other nine, and any one of those whose ten cards come back with the money, gets a similar prize, and so on indefinitely. So that, in each case or series, the originator gets a prize, or not, dependent upon the return or failure of return of ten cards, and not dependent upon the return of 110 cards. This is so, because the cards are all alike, and each person receiving one is promised that if he returns it with 20 cents. and gets ten other cards which are returned, each with that sum, he will get the prize. If any one card of any set of ten cards is not returned with the money, no one gets any |