The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-22
UNITED STATES CIRCUIT COURT.

UNITED STATES CIRCUIT COURT.
Important to Lottery DeaIers-No More
Arrests TO be Made till tho Cases before
thc Courts nro Dccidcd-Tw0 True Bills
Presented and the Parties Discharged
Their Own Mountaineering ortant Dis
cussi0n la Court.
Before Judge Nelson.
Inc Tinted States pa william Graf and XcI,vws.--
The defendants yesterday indicted for violation Of
the internal law, IN selling and dIsposing Of
lottery tickets without tho being frst stamped
required by the act The defendants arragned and
appeared 10 conrt by counsel. Mr. James 7. Brady,
the part of oths defendants. stated the that
conviction could b. had for any violation Of the
internal law hroug the sale Of lottery tickets
,nasmuch the Circuit Courts Of the United States had
in several and in different Districts decided that
he law Of Congress- relation thereto unconstu-
onal and void and that Congress- had right 10 lcense
20 tar crimes and fclonies-hs dealing In lottery
uekets being felony under the law Of the State Of New
York.
The Distrss Attorney, Mr. Courtney for the govern.
mspt, said he that decision had been made
by Of The United Courts which had re-
ference only the old law which compelled dealers In
lotteries 70 take out licenses The law had repeal
ed the old and had imposed ec,a tax upon the bus.
ness. and u was char ing evaded this new
law that indictments hal framed .against the de-
PENDANTS.
Judge Nelson said that the question substantially In.
ve,ved In thsse indictments now befoxashe United
States Supreme Court ut Washington for decision.
That this very question there among his breth-
some difference Of opinion, but that he free
say that he should hold this and all such cases. until
reversed BY The Supreme Court At Washington, tina, no
Indictment under the statute be sustained against
these dealers
Mr. Brady understood that the referred by his
Honor had been accommodated In some way by the par.
tics, and we're not now before the court.
Judge Nsson--You are mistaken in that The cases,
Court Fvs OF them are for penalties In civil cases. the
other two are on indictment.
Dir. coanney-The alluded TO by your Honor
must necessarily have arisen under the old law the
40 under which ws now proceed was not passed til
July last and these indictments have been framed under
u, and not under the previous law There he ad-
United dcuity ia the construction Of the two acts,
Congress in making the law had evidently intended
70 ar,r distinction between the questions OF license
Judge Esson--when the question was argued before
General the counsel for the defence a. question Of
es, they ms<ng distinction between license and
& ~, , .aa wasn 'es whole case again comes up o.
the Old and pss laws Of "icepsep and Especial taxi
will he ae:srninsd think, therefore, useless to
supreme Court al Washington, a. the whole question
will be determined Ia tbs other in very short
tims
Mr.. couaosy--ft may bs hoped thai the eour, az
Washington ~il sonnpe thsr decision she simple
G 1 mater Sous1s i va. sss
bls % have Division OF opinion 90 ust the question
could b tassn st once TO the saprsms Court At wash
Judge Nsis,n-rhas would be unnecessary, ~ have
nov an eplnion written on the subject which covers
both sasstlsns Of license and special tar In my opn
ION the goveramsnt might a. we'll tar stealing or bur
glsrY much ~ lottery dealing - both declared
suppose ons prevails inhs city a. much a. the other
Mr. Braty--r your Honor in the Northern District
whs' FOLLOWED 20 far oanciai cotton Is concerned,
10 dsci.on
United stsss District Attorney Tor that district musdi.
sisy after that decision. and there have been nons
my sno~ieigs, since then.
Nr Brady would like that your Honor should give
publicity 70 that opinion, 80 - 80 put stop 10 all fur
,nsr Afrssts on similar charges.
Judge Nsson--r could not DO thst I merely sct on
ny opuioa I'll my decision 10 reversed The better way
oil ~ 70 discharge tbs defendants their recog.
nssncss sul .he nsxs circuit, sea shsn yon should
opportunity 70 30 90
Mr. oourtnsy-yous honor, I would like to under.
Judge Nsison--rhs before Judge Hall, in
Nov Jersey On an indictment. Of persons charged with
having sold i0ttery tickets Judge Hall had some
iroubis ~ and transferred the from the De
tflct 10 the Cxcuit Court. had hred opinion then
,s.n.' .ss adc.msnts cu' judge HAL was sneined 20
pofans question divided The then went up 80
the Supreme Court at Washington on division. A. the
sane tine some Eve similar cases went appeal TO
VIA, Of error, aud the decision 10 Glod involving the
Mr. kssris also fov deTeudan,sTh., was q VII action
and could therefore 20 up.
Judge Sslson-The cass refer 10 went Up on division
" opinion, sni al argued together; that
indictment The argument was very elaborate In
necon with the liquor dealers cases The opinion Of
the court ras however postponed. One branch Of the
srgument ssainst the validity Of the indictment
founded Che section OF the Internal Revenue which
declares that license given for business declared by
tbe log stature o. Stats TO be illegal should be inopcra.
tive That was one branch OF the argument; bui the
sreumant the part Of the government was that 10
not q license intended . license. but merely
m.ds Of I'm posing tar In recent act tho diligently
coryoossd 10 whether Congress meant license or
tar, but u did not change the principle.
w Evsrts-From your Honor dischArxinG these de-
fendsnts their recosnrsnoss T. Il 70 be under
stood that further arrests under this shall be
mate Of dealers Ia ottsesf n the government 10 20 10
on making arrests ia IKE 70 hare your Honors detsr.
nninstou made known now
Judge Nslson--rbsrs can be convictions under any
% thsss ARRESTS long prcelde 10 this court and
shis snppose The District Attorney undsrstanda
Mr.. Courtnsy-r understand your Honor fully; bu,
would IKE 20 have the matter come before you now
ne indie msai Il oaiy pro ~s for the saks q having
Me question presented and counsel wish 70 demur
on the indcnent VII Then b 10 position 70 90 70
jsdss Nssss-~yhsrs 10 no necessity hat sAsss essss
shsud 20 "a The Suysems CourA
Mr. couunsy-f6\ law under which theee inllctnsnfe
have been fosnds1 = en- amended law.
yudgs Esisop-Thas .vake. 20 dGsssnea
=, ~ brsdy-f wsn yoW noeos w0sld dbsos We Dis