Automatic Age

such property, upon any agreement,
understanding, or expectation that it
ip to be distributed or disposed of by
lot or chance, whether called a lot­
tery, reffle, or gift-enterprise, or by
whatever name the same may be
known."
------- “
"p a te n te d F e a tu r e s
E x c lu s iv e , P a t e n
It is at once apparent from the clear
language cf t’.ie section that in order to
constitute a loltery two or more persons
must have paid or promised to pay a con­
sideration for the chance of obtaining the
prize or part of it or a share or an interest
in it to be distributed by lot or chance
between or among them.
This definition excludes the pin ball
game from consideration as a lottery. But
one person can play or operate it at a
time. Tha* person places his nickel in the
slot and he alone operates the machine.
He alone reaps the reward of a free game
or games. There is no distribution of the
reward, if any, as it must be enjoyed by
the one player. There is neither opportun­
ity for contribution to the fund for the
right to play, nor any chance for distri­
bution of the reward among several who
n ight have paid a required fee for such
a privilege. This clearly eliminates the pin
ball machine from consideration as a lot­
tery device, as defined in the statute,
without consideration of the question of
the free game being "property".
Defendant relies on the case of People
v. Settles, 29 Cal. App. (2d) (Supp.) 781,
is supporting his argument that the pin
ball machine is a lottery device. The state­
ment cf facts in the Settles case is too
brief for us to determine the exact nature
of the game there held to be lottery. The
court stated that to a certain point the
game resembled that of Tango as described ■
in People v. Babdaty, 139 Cal. App. (Supp.)
791. From this description we conclude
that the game involved in People v. Sett­
les, and there held to be a lottery, bears
no resemblance to the pin ball games we
have here so that case cannot be consider­
ed as authority here.
Section 330a of the Penal Code provides
in part as follows:
"Every person, who has in his pos­
session or under his control, either as
owner, lessee, agent employee, mort-
gatee, or otherwise, or who permits
to be placed, maintained or keep, in
any room, space, inclosure of build­
ing owned, leased or occupied by
him, or under his management or con­
trol, any slot or card machine, con­
trivance, appliance or mechanical de­
vice upon the result of action of which
money or other valuable thing is stak­
ed or hazarded, and which is opera­
ted, or played, by placing or deposit­
ing therein any coins, checks, slugs,
balls, or other articles or device, or
in any other manner and by means
m ake the fam ous
«
" A C E "
to C
"T o p s"
w ith
O p e r a to r s
E veryw here
•
In d iv id u a lly R eg­
istered Key Service.
A l l Locks Can Be
Keyed A like.
No. 1901
Actual Size
DOUBLE BITTED
T here's a
L O C K
fo r
C
H
I C
A
G
O
E v ery P u r p o s e
Locks. . . for new equipment and re-
placaments. . Ace Locks, Single Bitted,
Double Bitted Locks. . . Padlocks, too.
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W ill pay $150.00 per case (10,000
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1.000 Advance Ball Gum Machines.
A l condition, at $3.50 with large
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3437 W . Madison St., Chicago. 111.
Btf
AUTOMATIC AGE
© International Arcade Museum
2024 N. RACINE AVENUE
DEPT. 77. CHICAGO, ILL.
CIGARETTE VENDING MACHINES
W A N T E D
OKLAHOM A
V E N D IN G
CO.
P. O. BOX 1531
OKLAHOMA CITY, OKLA.
Substitute for BALL GUM. Vi and
y» sizes. Write to: Penny King Co.,
2980 W . Liberty Ave.. Pittsburgh 16,
Pa.
P8/43
3
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