Since lotteries have become illegal there have been a great number of judicial decisions defining a lottery. In general, where skill or judgment is to be exercised there is no lottery, the essential element of which is chance or lot. There are numerous statutes against lotteries, the reason being given that they "tend to promote a gambling spirit," and that it is the duty of the state to "protect the morals and advance the welfare of the people." In New York the Constitution of 1846 forbade lotteries, and by § 324 of the Penal Code a lottery is declared "unlawful and a public nuisance." "Contriving" and advertising lotteries is also penal. The following have been held illegal lotteries: In New York, a concert, the tickets for which entitled the holder to a prize to be drawn by lot; in Indiana, offering a gold watch to the purchaser of goods who guesses the number of beans in a bottle; in Texas, selling "prize candy" boxes; and operating a nickel-in-the-slot machine--so also in Louisiana; in Massachusetts, the "policy" or "envelope game," or a "raffle"; in Kentucky (1905), prize coupon packages, the coupons having to spell a certain word (_U.S._ v. _Jefferson_, 134 Fed. R. 299); in Kansas (1907) it was held by the Supreme Court that the gift of a hat-pin to each purchaser was not illegal as a "gift enterprise," there being no chance or lot. In Oklahoma (1907) it was held that the making of contracts for the payment of money, the certainty in value of return being dependent on chance, was a lottery (_Fidelity Fund Co._ v. _Vaughan_, 90 Pac. Rep. 34). The chief features of a lottery are "procuring through lot or chance, by the investment of a sum of money or something of value, some greater amount of money or thing of greater value. When such are the chief features of any scheme whatever it may be christened, or however it may be guarded or concealed by cunningly devised conditions or screens, it is under the law a lottery" (_U.S._ v. _Wallace_, 58, Fed. Rep. 942). In 1894 and 1897 Congress forbade the importation of lottery tickets or advertisements into the United States. In 1899, setting up or promoting lotteries in Alaska was prohibited by Congress, and in 1900 it forbade any lottery or sale of lottery tickets in Hawaii. In Porto Rico lotteries, raffles and gift-enterprises are forbidden (Penal Code, 1902, § 291).