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HORNER V. UNITED STATES, 147 U. S. 449 (1893)

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U.S. Supreme Court

Horner v. United States, 147 U.S. 449 (1893)

Horner v. United States

No. 1247

Argued January 17, 1893

Decided January 30, 1893

147 U.S. 449

Syllabus

Certain bonds issued by the government of Austria held to represent a "lottery or similar scheme," within the meaning of § 3894 of the Revised Statutes, as enacted by the Act of September 19, 1890, c. 908, 26, Stat. 465, and a given circular held to be a "circular concerning any lottery, so-called gift, concert or other similar enterprise offering prizes dependent upon lot or chance" within the meaning of said § 3894, and the said circular held to constitute a " list of the drawings at any lottery or similar scheme," within the meaning of said § 3894.

What is a lottery considered.

Cases in the United States and England considered.

Although, by the bonds in question, Austria attempted to obtain a loan of money, she also undertook to assist her credit by an appeal to the cupidity of those who had money, and offered to each holder of a bond a chance of obtaining a prize dependent upon lot or chance, the element of certainty going hand in hand with the element of lot or chance, but the former not destroying the existence or effect of the latter.

The case is stated in the opinion.





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