The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-04

Edward H. Hobbs for appellant and Thomas =. Pesr-
' No aes Sarah ii. Boslwick. appellant Va Adoph
FrankaeId, Observation-Disclosures BY appellant; ar
gusd by Charles Tracy tor respondent
No 265. Virginia W. Burleigh and otheA-Sub-
mitted.
Ne 22s the People. &c. respondent Va Thomas
II. Peititt and otherR-Argued by William Cruger Tor
appellant and A. L. Johnson os respondent
CALENDARS.
The day calendar tsr russds lay: Jun. 4 is as fol-
lows:-Nos. 266. 26S $50. los, 246. 257. 80, ZIG
The motion caeudar / ss follows:-No k1S. Riggs
Purcell; No. 4o2. The People OK rel Schoonmaksr
va The Atlantic Mutual Lie Insurance Company; No.
407 In re PARTITION St Marks Church 20 vacae as
ssssment; No ALL In re- Immigrants Savings Bank
az. Baird y. the Mayor. 10 No. 1ao the People
ex rel Satterlee vs. The Board Of Police: No. 4l6. In
70 Mead 10 vaca,e, sci NO Az In re Hatch; No
UNITED STATES SUPREME COURT.
THE LOTTERY CAsE-AUrHoRITx OF THE COW
ERNMENT OVER THE MAILs-rHE RIGHT TO
EXCLUDE IMMORAL MATTER-TRKEDoM OF
THE PRESS.
WASHINGTON, June 3, 1878
No q. (orIgina In the matter oil a. Orlando jack
son.On petition Tor wrss OF habeas corpus and Ger.
tiorari
The following is summary Of the points decided
hpon:-
l. The power vested In Congress p establish "post
and post oices embraces ulation Of the
entire postal system OF the country. Under II Cou-
gress may designate shall be carried IN the mails
ana what shall be excluded.
2 In the endorsement OF the regulations excluding
matter from the mail distinction 10 TO DO mace De-
tween different Finds oil mail matter; between what
is intended Kept free from Inspection, such as
letters packages subject TO letter postage;
and what Is open TO Inspection such as newspapers,
magazines pamphlets other printed matter, pur.
posely leit in u condition to be examined
3. Letters and sealed packages subject 70 letter
postage In the mali can only DO opened ana examined
nation particularly describing the thing TO be seized,
as IL required papers subjected TO search in
ous's own household. The consti utional guarantee
right tho people to he secure IL their papers
against unreasonable searches and seizures extends
papers, thus closed against inspection, where
ever they may be.
4. ksgu atiOns against transportation Ia the mail
%, printed matter which is open 10 examination,
NOT be en- ofced so as any with
the freedom oil the press. Liberty oil circulating is
essential that freedom. When, therefore. printed
matter is excluded from the mall its transportation
In any other way cannon be forbidden BY Congress.
6. Regulations excluding matter from the mail
may be enforced through the courts upon competent
than by the unlawful Inspection OF letters aud
SEQ led packages: and with respect TO Objectionable
printed matter, open to examination, they may in
some also be enforced by the direct action OF
officers OF The postal service upon thetr own In
specton, where the objectis exposed and shows
un that u Is prohibited, Ia the OF
q obscene picture or PRINT.
g. Whom par ty convicted OF an offence and
fenced 10 pay . Ee II within the discretion tho
Court TO order his mprso until the pnc paid.
Mr. Justice Field delivered the opinion OF the Court.