The New York herald., 1863-10-19
Lottery Dealers Exempt from Lice msc
UNITED STATES DISTRICT COURT OF NEW JHksEY.

Lottery Dealers Exempt from Lice nsc.
UNITED STATES DISTRICT COURT NEW JHksEY.
DECISION or JUDGE FIELD
OcToBER 13-The Unitod States District Court, Hon. r.
g. Field, Judge, met this morning In Trenton, Nj
In the case Of tho United States John Shelby,
gued tho last torn the Court delivered the following
opinion -.....
This suit brought under Congress approved
July 1902 entitled IAN act 10 provide internal
% amend ] Ss ss's pr ssi
penalty prescribed by said act for exercising and
carrying on tho trade or business Of ttcry
ticket dealer without license. The defendant pleads:
rst the general second that by act OF the 10
eisature OF New Jersey, approved April TO- 184s,
pomcnt thsro.o approved March "a 1882 lotteries arc
declared 10 be common and public nuisances and the
selling o. o,.e,y uokeis Is made an indicasle clsnce
demur~ The question: therefore, which am called
to determine vs. whether person who sells lottery tickets
In tho state OF Now Jersey IN violation OF law is Liable
penalty Tor not taking out such license required
oy the acts OF ngress before referred to. Or, to
put tho question In another form, is the sell.
Ing OF lottery tickets in states where the samo
Is prohibited by law, trade occupa.
tion within incoming the said acts OF Congress ana
for which license IS required 10 b. taken QUIZ As the
selling OF lottery tickets Is lawful occupation in many
parts OF the country, 1t very proper sub ect for
taxation by Congress. But suppose II had been prohibit.
cd by law In every state and made indctabie offence
punishable by hae ant mprisonment, can II for one
ment be imagined that Congress would have thought
OF imposing tax upon ny What would be thought of n
tax upon the keeping Of disorderly house gambling
notions OF propro,y. And yet do not how these
cases can be distinguished In principle from the
our laws they are alike declared to be pub
lc nuisances. and are punished by nne aud
imprisonment II vii not do to the one class
Sc aud the others only piail prohi5ta The
selling OF lottery tickets may be injurious public
Keeping ola gambling house. is a speciee Of gam ing
OF the very worst Kind 50 deeply has It's izng
the aSec, Of special prohibition in sbe cons",op and
Il is not In the power OF the Legislature itself
sszs T. But Il is sad tina. persons do sell lottery tick
cts In New Jersey, notwithstanding the prohibition and
there is no reason therefore why they should be
taxed for H. But the same thing may be said with
gard 70 othor offences. Persons do keep disordcrly
houses In New Jer~ey, but they do II In violation OF
law, and on that account deemed proper sub.
ccts for taxation. tax upon the sale Of lottery
In Now Jersey then, is tax upon crime, and license
sell them Il II had any eject at all, would license
20 commit crime. Now, In all civilized and Christian
communities uron crime s not regarded a. legi-
innate mode of raising revenue. The presumption then
think s that was not the intention OF Conercss to re-
qufe that license SHOULD DO takon out for tue sale OF
lottery tickets IN states where such sale prohibited
BY law Ro, wo have something more than presumption
10 guide us IN reaching concuson In this by tho
sixysoyenth section Of the original II expressly
provided that no iccnce II granted, shall be construed
10 authorize tho commencement or continuation OF any
trade, business occupation cmpoyment therein men-
toned within any State Territory tned States in
which 10 Is specially prohibited by the laws thereof
And by the second section OF the aendatory act where
penalty Is imposed Tor selling lottery tickets without
duty shall not BE- construed 10 authorize the sac Of o,ery
tickets IN States whore such sale n specially prohibited
by law There was no necessity Tor any such provisin.
Congress certainly has power 10 repeal OF the
penal code OF STATE or 10 make that lawful which the
state has declared To be unlawful This would lie TO
croach in vital point upon the domain of State iegis
laton But the Insertion Of such provso shows very
clearly that II was not the Intention Of Congress 70 reirc
license 70 be taken out for the sale Il lottery ttts
states whore the sale OF lottery tickets specially pro-
hibitcd by law. For Il hardly be suppressed
that Congress meant 10 require that q license should
be taken for tho sale Of lottery tickets, and
at the tns 10 declare thst such license souid
fer upon the person 10 whom II given authority TO
sell Dst u Is said the imposition Of tar upon the sale
OF lottery ckes In states where such sale prohibited
may have been intended 10 operate as additional
penalty fr the violation ot law and further check 10
The Jessecution OF an Illegal But the
this b that the object OF these acts OF Congress not
10 punish crime. or 10 aid the states In the execution OF
their penal laws, bot 10 raise This their
sole purpose, ard how could II be expected that any
venue would be derived from such this
For. Consider that W tc ith SECTION cf the original act,
every person dbsrg ~ .btas csnss 20 engage IN any
Of the trades occupations named IN the said act,
qaied 10 register with the assistant ssseesor OF thu
cisnci which he designed " carry such trade
Or occupation: nsl hs banie and place q residence;
second the trade occupation for which iccuse Is de-
sired and third the place where such trade occia
ton 10 be carried thus, lottery ticket deAer In
Ncs Jersey. IN order ~ obtain Icen,a would be
durcd 70 make fni confession Of his LII, W furnish