16
CONGRESSIONAL RECORD--SENATE (P. 4314, May 2, 1894)
Relevant section in BLUE BOLD FACE

tutes only about one-fourth of the cost of keeping up those magnificent hospitals and splendid institutions for the unfortunate in different relations of life.
    How are these institutions kept up?  they have followed in the District the old custom that existed by law in Maryland from the foundation of the Government, of having their littlefairs and offering prizes.  They sell tickets and advertise in the newspapers that they will hold a fair at the private residence of Mr. So and So, or at the chapel, or at some hall in the city, and there these drawings take place as regularly as the year comes around.  There is not one of these institutions, from the Little Sisters of the Poor up to the great Garfield Hospital, where two-thirds of the revenue does not come from these innocent drawings.  To enact legislation prohibiting drawings of the character I have described by churches, hospitals, etc., merely for the purpose of carrying out the view that has been enforced here recently, to drive out the lottery, it seems to me is most unfortunate.
    There is not an institution in Maryland, created prior to twenty years ago, that is not the creation of a system of this sort authorized by law.  There is not one of them in that State or in the District of Columbia that is not maintained in that way.  If you pass the bill in the way in which it is framed now, what is the result?  the public Treasury will be called upon for double the appropriations, and you not only therefore add to the burdens of the Treasury, but you deprive these people of an innocent right, for no man can compare the drawing in one of these fairs and the selling of tickets to the drawings of those lotteries whose agents go in the byways and alleys and on the public places and take from poor people their hard earnings.  That is a matter that can be stamped out and ought to be stamped out.  The law to-day is sufficient to do it.  The law is enforced to-day.  No man can sell lottery tickets in Washington without going to jail.  I know to my certain knowledge that the law here has been enforced rigidly, and so let it go on.
    Mr. President, there comes no demand for such legislation as that proposed in the pending bill.  There is no necessity for it.  If the Senator from Massachusetts and the Committee on the Judiciary think it necessary that there should be any further amendment to the law already upon the statute book which relates alone to these lottery companies, let the committee report such a bill and have it considered.
    Mr. President, I for one can not consent to extend the anti-lottery legislation so far as to exclude all the innocent and proper enterprises which I have attempted to describe.
    Mr. HOAR.  What the Senator from Maryland says in regard to the history of lotteries in this country is true.  After the Revolutionary war for a good while the colleges in this country were aided by lotteries.  I know Harvard College in my own State had repeated lotteries, as had hospitals and humane enterprises also.  But our people have determined substantially in all the States in the Union that that ought not to be done, that it fosters a spirit of gambling, the idea of getting something that you do not pay for or do not work for, which is the bane of all human society wherever it prevails, and they have crushed them out.  There is not a State in the Union that would now have its hospitals or its colleges or its universities supported by gambling; and why that should not apply to the District of Columbia I do not see.  I do not think these little gift enterprises are in the least essential to anything, unless they are to make money by gambling.  The churches and hospitals and other similar institutions can substitute some other form of amusement or contribution for them in all the places where they prevail.
    So far as they are a serious method of making money, does the Senator from Maryland, at this time, in the close of the nineteenth century, think the Government hospitals in the District of Columbia ought to get two-thirds of their support by gambling and by selling lottery tickets, out of which they make money, and by which they poison the minds of the youth and of the persons who take part with them?  Certainly the Senator from Maryland does not mean to be so understood.
    Mr. GORMAN.  I am as far from having any desire to poison the minds of the youth of the District of Columbia as the the Senator from Massachusetts, but--
    Mr. HOAR.  Let me add just one sentence before the Senator from Maryland goes on.  The pending bill does three things.  It extends to all letters addressed to persons who advertise themselves as engaged in the lottery business the old law as to registered letters.  Of that the Senator from Maryland does not complain.  Then it deals with foreign and interstate commerce.  The Louisiana lottery is an American institution to-day, a Florida institution, if I am correctly told by persons who have communicated to me from the State and others; that is, they go out to sea, or to Cuba, or to one of the West India islands, and actually do their drawing, and print their tickets; but the control, the management, the information, the attraction all come from American soil.  So the bill prohibits bringing in lottery tickets or lottery advertisements from outside the country or carrying them from State to State.  To that the Senator does not object.
    The third thing that it does is to prohibit gambling in the exclusive jurisdiction of the United States, namely, in the forts, arsenals, and so on, and in the District of Columbia.  That the general law does, which applies to all lotteries.  If this be impolitic, substantially all the lottery legislation of the country is impolitic.  If this be unjust or badly written in language, all the lottery legislation of the country is liable to that objection.
    Now, the Senator from Maryland thinks we should put into the bill, in order that a deacon at a church fair may not get into trouble if he has a raffle, something which not in terms, but in substance, will except that class of persons.  I do not think it is possible.
    If it were possible I do not think it wise.  I think they will go on just as they go on in the State of Maryland or the State of Massachusetts or the State of Missouri, without being meddled with.  but if it is necessary for the sake of the great good of suppressing this most dangerous and destructive species of gambling to break it up in little church fairs, I think it ought to be done.  I do not think it is.
    In regard to the serious part of the Senator's speech, in which he says a great revenue comes to these people from gambling operations and that the Government would have to pay their expenses if they are cut off from such operations, I say they ought to be cut off from them, and I shall vote against my honorable friend when that is the issue.
    Mr. GORMAN.  Mr. President--
    Mr. HARRIS.  I reserved the right in the beginning to object to the consideration of the bill if it led to debate.  It has led to quite extended debate, and I shall object to its further consideration unless it can be disposed of without further debate.
    Mr. GORMAN.  That can not be done.
    Mr. HARRIS.  I object, then, to the further consideration of the bill.
    The VICE-PRESIDENT.  There is objection to the further consideration of the bill.
    Mr. HARRIS.  I move that the Senate proceed to the consideration of House bill 4864.
    Mr. CAREY.  I desire to present a conference report.
    Mr. HARRIS.  That is privileged.

YELLOWSTONE NATIONAL PARK.

    Mr. CAREY submitted the following report:
    The committee on conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H. R. 6442) to protect the birds and animals in Yellowstone National Park, and to punish crimes in said park, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:
    That the House recede from its disagreement to the amendment of the Senate and agree to the same with the following amendments:
    Section 1, line 11, strike out "State of" and insert "States of Idaho, Montana, and."
    Section 1, line 13, strike out "subjected" and insert "subject."
    Section 3, line 5, strike out "liable to receive" and insert "subject to."
    Section 4, line 15, before "all," insert "of."
    Section 4, line 27, after "fish," insert "so."
    Section 4, line 28, strike out "forfeit or pay" and insert "be fined."
    Section 4, lines 28 and 29, strike out "the sum of" and insert "not exceeding."
    Section 4, line 30, after "violating," insert "any of the provisions of this act or."
    Section 4, line 36, strike out all after "park," down to and including "Wyoming," line 38.
    Section 4, line 45, after "limits," insert "when."
    Section 4, line 45, strike out "or guilty of."
    Section 4, line 48, strike out "charge of."
    Section 4, line 53, strike out "said" and insert "such."
    Section 4, lines 53 and 54, strike out "and ordered by the court."
    Section 5, line 6, strike out "game" and insert "animals, birds, and fish."
    Section 5, line 16, strike out "fix" and insert "impose."
    Section 5, line 16, after "punishment," insert "and adjudge the forfeitures."
    Section 5, line 34, after "certify," insert "a transcript of."
    Section 5, line 34, strike out "a transcript of."
    Section 5, line 38, strike out "and" and insert "or of."
    Section 6, line 2, strike out "State" and insert "district."
    Section 6, line 2, strike out all after "Wyoming," down to and including "marshal," line 4, and insert "may appoint one or more deputy marshals."
    Section 6, line 6, strike out "may" and insert "shall."
    Section 6, line 7, strike out all after "Wyoming," down to and including "Wyoming," line 7, and insert "and may also hold other sessions at any other place in said State of Wyoming, or in said National Park."
    Section 6, line 8, strike out "date" and insert "dates."
    Section 7, lines 2 and 3, strike out "other United States."
    Section 7, line 3, after "commissioners" insert "of the circuit courts of the United States."
    Section 7, line 6, strike out "State" and insert "district."
    Section 7, line 8, strike out "State" and insert "district."
    And the Senate agree to the same.

        JOSEPH M. CAREY.
               STEPHEN M. WHITE
    G. G. VEST.
    Managers on the part of the Senate.

            THO. C. McRAE,
D. D. HARE,
J. F. LACEY,
    Managers on the part of the House.

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