East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-11-18
q br Courier.
wednesday. November Is. 1888.
License Cuesticn----Important De-
cision.

cision.
Tho question was frequently asked
hero when the Internal Revenue
FIST weltint1 operation, whether par
s'es who were engaged in business
prohibited by the laws of the State
could be made to pay licences under
the federal law. Those engaged in
the liquor trade were the ones directly
Interested, and the general opinion
seemed to be that the tax was legal, as
ii certainly was equitable. The fede-
al government did not tax the author.
IT, By which any person was engaged
il this or tina. business, wherever il
was Eouul. Thus If government
found Il man or woman dealing in liq-
uors, il did not stop to inquire whoth-
or he or she had State license or
not. 1t merely said to tho citizen
'pay us so much money not for the
privilege of selling legally, but because
yoa sell, Other legally or Illegally?
But it seems that this view Of tho
case is not correct By decision re-
Gently made in the United States Dis
t"iot Court in the State of New York
the Governments license is held to be
something moro than a tax. The re-
c;ept given for the payment Of tax
upon any businocss carriodon by per-
son holding it, IS regarded asintending
TO license the business; and since the
federal government cannot authorize
aud lcgalize a traffic which the State
prohibits, it follows that portions Of
the Revenue act are void. Thus the
government authorities having assess
Cd tax upon doalcrs in lottery tick
cts in the State of New York, tho
Court desides that the tax cannot be
collected, because the sale Of lottery
tickets is prohibited by the Constitu-
ton and laws Of The state. This is
most important decision. If it is sus-
taincl We may expect TO see the liquor
dealers OF this state refuse hereafter to
pay for ,rLat is calZed. hut what ,ooll:.,
IS no, a federal license.
We quote from a Rochester paper
the facts in the ease to which we have
here referred:
The LOTTERY TICKET LICENSE CASE.
The act to provide internal revenye
to support tie government and to pay
interest on the public debt, Requires
that all lottery ticket dealers should
take out license, paying therefore
the sum of one thousand dollars per
-anum. The case of Rufus \. Nassor
of this city, it will be remembered,
was made a test case by tho United
States authorities of this District, and
an Indictment was procured against
him for refusing to obtain a license
He was arraigned at the May term of
the District Court held at Rochester,
when a plea was entered by his COun-
sci, to the effect that the section oftho
revenue act under which the lndlct-
ment was presented, is unconstitu-
tional. void and inoporotivn. IN this
State as by the constitution and laws
thereof lotteries are declared TO be
public nuisances, and illegal. The
case having been postponed until the
July term at Utica, Judge Hall at
that term made an order that IN view
of the importance of the question in
volved, the argument should be held
before Judge Nelson and himself at
the term of the Circuit Court Of the
United States now in session in this
city. The argument came on TO be
heard last week, Mr.. Seymour, of
Troy, and Mr. Holstein Of this city APP
pearing for the defendant and Dis
trict Attorney Dart for the government.
Judge Nelson promptly gave his opin
ion that the Indictment could not be
sustained, as the section Of thcrcvcnue
act in question was the direct conflict
with the Constitution and laws Of the
State Of New York. The Court di
rected noH proscQw to be entered on
the Indictment, and thus the question
is supposed to be settled in this Dis
trict. The District Attorney is at lib
erty to appeal if deemed oxpedient,
which win bring the question directly
before the Supreme Court of tho Uni
ted States but whether in the light
of Judge Nelson's opinion, and n sim
liar opinion delivered by Judge Field,
of Now Jersey, this will be done, re-
mains to be scen.