The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-02

accused OF moral or physical cowardce. She
Is neither 30 timid as to fear the displeasure Of
government agents, nor is she to be controlled
by the presence Of bayonets. We must accept
the decision arrived at by universal suffrage as
the real voice Of the people, and the great fact
of the present condition of France Is that that
voice is now overwhelmingly in favor Of the
empire.
Lottery Msnagsrs-state and United
states Laws.
We called the attention of the Attorney
General Of the State few days since to the
decision Of Judge Nelson In the Massachusetts,
liquor case, which arose under the provisions Of
the Internal Revenue law, and pointed to that
decree as precedence for him to enforce the
laws of this State in regard to the lottery policy
business. We again urge upon him the duty Of
enforcing the law and seeing that the statute is
not violated with impunity under his own
nose. He can very easily ascertain who have
been violating the lottery statute by referring
to the records in the Offices Of the different COL
lectors Of internal revenue, where ire lottery
ticket vendors have 6led their licenses under
the law of Congress. There Ii q special provi-
sion In the Internal Revenue law which declares
that no license provided for in that act, If
granted, shall be held or construed TO exempt
from the penalty provided by State laws for
carrying on the trade, or to authorize . bust.
ness prohibited by State laws Nothing could
be palmer than this provision. 1t leaves no
room for doubt as to the duty of the legal officer
of the State in the premises. This provision
is based upon well established principle-that
the Legislatures of the several States have the
right to enact laws regulating ell classes of
business which are injurious to the public
morals. 1t is on this principle that the enact
ments In relation to gambling, concert saloons,
liquor traffic and lottery policies are based
They all more or less affect the public morals,
the peace and quiet ofsociety, and legitimately
come under the Jurisdiction of the State Legls-
latures The lottery business is declared I'M
lawful by a statute Of the State of New York,
and every person who has taken out license
is liable under it. II is said that there are some
six hundred lottery ticket vendors in this city all
obtaining their licenses under the bonds of the
managers of the lotteries They are carrying
on an illegal business and are amenable under
the laws of the State. The ticket vendors and
their bondsmen, the managers, should be at
once arraigned as a warning in the future.
The clause in the Internal Revenue law under
which the revenue collectors grantth licenses
was inserted by q piece Of sharp practice. in
which it is reported that Pendleton, of Ohio, and
Senator Morrill,, Of Maine, were the prominent
operators. The affair having been called to
the attention of the committee of Congress en-
gagged in revising the tax law, it was supposed
that they would amend the obnoxious pro-
visions, SO as not to- give the policy dealers On
opportunity to take out licenses In those States
where the business is illegal under the State
laws, or at least that some person or persons
besides the lottery managers should give bonds
as security against frauds under the law. This
has not been done by the bill recently reported
by the committee. The provision in the
present law governing this matter is as fol-
lOws:-a
That no license shsil hereafter issue until. tbs
the Of thousand dollars; that the persons
coving such license shall not sell any ticket supple
montary ticket Of such lottery which has not been duly
stamped according to law.
The Ways and Means Committee of the
present Congress have thrown those words in
together, and given them shake up, and in
the new Internal Revenue bill reported few
days since the provision has come out 10 the
following language
That the managers Of any lottery shall give bonds in
the sum Of one thousand dollars that the person paying
ticket Of such lottery which has not been duly stamped
according to law.
This looks very much like distinction with
out difference. The public anticipated that
the moment the attention Of Congress was
called to this question the evil would be rem
edied. But the action of the committee shows
that they are to be disappointed and that the
necessary modification must be made, if at all,
in the Committee of the Whole. It is evident
that some person has been elbowing the com
mittee, and 1t Is rumored that S. s. Cox has
taken the place of Pendleton in this business.
There is evidently 'nigger" in this wood
pile. We cannot account on any other hypoth-
ess for the fact that the radicals adhere so tena-
ciously to the idea that none but the bonds Of
the managers Of the lotteries shall be received
as security. Now, why is it that the radicals in
Congress prefer Ben Wood and his associates
as security in this business TO such men as Van
derbilt, Law, Moses Taylor, A. 7. Stewart, or
any Of that GLASS Of capitalists and business
men? There must be some causc for this great
preference for Ben Wood and other lottery
managers, or there would not be such marked
determination to insist that the bonds ONO other
persons should be taken as security against the
violation of the law. There have been several
vague runners afoat for the last three or four
months about Ben Wood working in The in
terest of the radicals during the war under a
mutual understanding, and that this lottery