| OCR Text |
Show S. L. Theater Lottery Charges Dropped A chsrge of "contriving a lottery" lot-tery" against the Roxy Theater, Inc., 132 South State street, was dismissed Wednesday . by City Judge B. P. Leverlch amid a cross-fire of criticism between Attorney At-torney Genersl Joseph Chez and County Attorney Harold E. Wallace. Wal-lace. Appearing before Judge Leverlch while Mr. Chez waited In his capitol office for a scheduled conference with Andy B. Floor, manager of the theater, which did not take place, Mr. Wallace told the court that he was satisfied "a lottery was operated," but moved to dismiss dis-miss the case on the ground that the attorney general had written a letter of approval to Mr. Floor. Mr. Chez, apprised of events in city court Immediately denied that he ever had received or approved ap-proved any lottery plan or any other plan from the Roxy theater, and assailed Mr. Wallace for failing fail-ing to consult him before dismissing dismiss-ing the case. The complaint in the case was signed in city court Tuesday afternoon after-noon by Ernest B. Harrison, Mr. Chez's special Investigator. "The action of the court and the county attorney in dismissing this case without consulting the attor- ii ney general's office, was highhanded," high-handed," Mr. Chez said. Mr. Wallace told the court. In moving for dismissal of the case: "I am satisfied a lottery was operated and that there was a violation of the law, but after further fur-ther investigation I learned that the complaint was obtslned by Mr. Harrison after the attorney general gen-eral wrote an opinion to Mr. Floor, manager of the theater. In reply to a letter from Mr. Floor outlining outlin-ing a ceremony surrounded by patriotic pa-triotic exercises Involving the singing sing-ing of songs and th answering of questions." Quotes From Letter Mr. Wallace then quoted from what he said was Mr. Chez's letter to Mr. Floor: "The plan you have outlined, whereby prizes are offered for singing songs and answering questions, ques-tions, does not violate the law.' " Mr. Wallace continued: "These people, in operating that lottery, depended on the opinion of the attorney general. I feel that, inasmuch as the attorney general advised them, there was a clear lack of Intent on the part of the defendant to violate the law. "I know of no place In th statutes stat-utes where th attorney general is authorized to give an opinion to private citizens. Those opinion have caused my office considerable embarrassment In the past, and I believe this is on of those cases. Held to Be Mistake 1 think th attorney general's opinion was a mistake, but, whether wheth-er it was a mistske or not. It seems th court owes citizen protection both wy." "W th method outlined In the letter to the attorney general followed fol-lowed In this case. In compliance with the attorney general's opinion?" opin-ion?" Inquired Judge Leverlch. Mr. Wallace replied that his deputy. dep-uty. Wslter M. Crltchlow, who prepared pre-pared the complaint, had been advised ad-vised by Mr. Harrison that "the method outlined by Mr. Chez had been followed." During the hearing Mr. Floor and Phillip David Morris, a Los Angeles song writer who obtained the disputed opinion from Mr. Chez, sat la th courtroom. "Th whole procedure followed In this hearing was a run-around," Mr. Chez aascrted. Denies Drawings Maatieoed "Record of my office show I never wrote any letter either to the Roxy theater or to Mr. Floor. I did write a letter to Mr. Morris, addressed to 119 North Main street, after he called at my office and showed me two patriotic songs which he wanted to have lung at public gathering. Nothing was ever mentioned about any drawing. draw-ing. "Prize were to be awarded solely sole-ly on the (kill of person In th audience In answering question and singing songs. , i |
