State v. Laven

Decision Date28 June 1955
Citation270 Wis. 524,71 N.W.2d 287
PartiesSTATE of Wisconsin, Respondent, v. William LAVEN, Appellant.
CourtWisconsin Supreme Court

Lees & Bunge, John S. Coleman, La Crosse, for appellant.

Vernon W. Thomson, Atty. Gen., William A. Platz, Asst. Atty. Gen., George

Thompson, Jr., Dist. Atty., La Crosse, for respondent.

BROWN, Justice.

Sec. 348.01(1), Stats., appears as ch. 138, sec. 1, of the Revised Statutes of 1849 and as sec. 4523 of the Revised Statutes of 1898. It was in force and effect, as sec. 348.01, in 1939 when we held in State ex rel. Cowie v. La Crosse Theaters Co., 1939, 232 Wis. 153, 286 N.W. 707, that 'Bank Night', as conducted by a theater, constituted the operation of a lottery within the prohibition of that statute. In 1940, in State ex rel. Regez v. Blumer, 236 Wis. 129, 294 N.W. 491, we held that a merchant's scheme to increase sales by a "Multiple Dividend Plan" was likewise a lottery under the same statutory and constitutional provisions that applied to the Cowie case, supra.

In these cases we said that a lottery involves three elements,--prize, chance and a consideration, Cowie case, supra, 232 Wis. at page 158, 286 N.W. at page 710, and consideration consists in a disadvantage to the one party or an advantage to the other, Regez case, supra, 236 Wis. at page 132, 294 N.W. at page 492. Those elements and that consideration are obviously present in appellant's 'Banko' operation and his brief makes the unavoidable concession, 'Under that definition 'Banko' admittedly would be a lottery.' In 1951, as appellant points out, the legislature enacted sec. 348.01(2), Stats. This is, indeed, a peculiar statute. 'Banko', in itself, is an admitted lottery, illegal as such under sec. 348.01(1), Stats., but when the voices and images of the players are picked up and broadcast by radio or television subsection (2) purports to work a transformation. What was a lottery a moment before ceases to be one when the electric current is turned on. Or, if it is still a lottery it is one which has the approval of the legislature.

We agree with appellant's comment, '(The) Purpose and intent of the Wisconsin legislature in passing section 348.01(2) was to permit games such as 'Banko' to be played through the media of radio and television' and it is by virtue of such permission that he contends his operation of 'Banko' is legal. As defined by Webster, 'to permit' and 'to authorize' are synonymous. Wisconsin Const. art. IV, sec. 24, declares:...

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12 cases
  • Dairyland Greyhound Park, Inc. v. Doyle
    • United States
    • Wisconsin Supreme Court
    • July 14, 2006
    ...of prize, chance and consideration." 80 Op. Att'y Gen. at 55 (citing Kayden Indus., 34 Wis.2d 718, 150 N.W.2d 447; State v. Laven, 270 Wis. 524, 71 N.W.2d 287 (1955); State ex rel. Regez v. Blumer, 236 Wis. 129, 294 N.W. 491 (1940); and La Crosse Theaters, 232 Wis. 153, 286 N.W. 707). Curio......
  • Panzer v. Doyle
    • United States
    • Wisconsin Supreme Court
    • May 13, 2004
    ...limitations of the provision. See Kayden Indus., Inc. v. Murphy, 34 Wis. 2d 718, 724, 150 N.W.2d 447 (1967); State v. Laven, 270 Wis. 524, 528, 71 N.W.2d 287 (1955); State ex rel. Regez v. Blumer, 236 Wis. 129, 130, 294 N.W. 491 (1940); State ex rel. Trampe v. Multerer, 234 Wis. 50, 56, 289......
  • Dairyland Greyhound Park, Inc. v. Doyle, 2006 WI 107 (Wis. 7/14/2006)
    • United States
    • Wisconsin Supreme Court
    • July 14, 2006
    ...the three elements of prize, chance and consideration." 80 Op. Att'y Gen. at 55 (citing Kayden Indus., 34 Wis. 2d 718; State v. Laven, 270 Wis. 524, 71 N.W.2d 287 (1955); State ex rel. Regez v. Blumer, 236 Wis. 129, 294 N.W. 491 (1940); and La Crosse Theaters, 232 Wis. 153). Curiously, the ......
  • Greater Loretta Imp. Ass'n v. State ex rel. Boone
    • United States
    • Florida Supreme Court
    • April 22, 1970
    ...State v. Socony Mobil Oil Co., 386 S.W.2d 169 (Tex.Civ.App.1964); Hoffman v. State, 219 S.W.2d 539 (Tex.Civ.App.1949); State v. Laven, 270 Wis. 524, 71 N.W.2d 287 (1955); State ex rel. Trampe v. Multerer, 234 Wis. 50, 289 N.W. 600 (1940); cf. People v. Rosen, 11 Cal.2d 147, 78 P.2d 727 Our ......
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