The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-07-04

power of the Postmaster-g general to exclude
lottery matter from the mails In 1877, in
ex parte Jackson &c Otto, page 727) the court
held that
The right to designate what shall be car
ried through the mails necessarily involves
the right to determine what shall be ex-
cluded."
Also:
whilst regulations excluding matter from
the mail cannot be enforced in way which
would require or permit an examination
into letters or sealed packages subject to let
ter postage, without warrant issued upon
oaCh or affirmation, in search for prohibited
matter, they may be enforced upOu competent
evidence of their violation, obtained in other
ways; or from parties receiving the letters or
packages or from agents depositing them in
the postofie, or others cognizant of the
facts
TN excluding various articles
from the mails the object of Congress has
not been to interfere with the freedom of
the press or with any other rights of the
people; but to refuse facilities for the dis
tribution of matter deemed injurious to pub
lie morals"
"All that Congress meant by
this act referring to section 1884 OF the Re-
vised Statutesl was, that the mails should
lications and articles, and that any one who
has attempted to use the mails for that pur-
pose should be punished.
# THE same inhibition has been
extended to circulars concerning lotteries
institutions which are supposed to
have demoralizing influence upon the peo-
ple."
The first act looking to the exclusion of
lottery matter from the mails was passed by
Congress in 1868. AS originally passed, Sec
ton 1884, the section upon which the de-
cision quoted is based, provided that mo
letter or circular concerning illegal lotteries,
so-called gift concerts" ETC., should be car
RED through the mails
As amended by act OF July 1876 the word
Illegal was stricken out, and the law made
to apply to all lottery companies.
BY oversight or intent the word "fraudu-
lent" which appears in sections 1929 and
4,041 of the Revised Statutes, authorizing the
Postmaster-general to order postmasters to
return to the remitters registered letters and
postal uoney-orders sent to lottery agents or
representative was left undlsturbed. These
two sections last referred to are subsidiary to
section 3,894, however; but there has been
hesitancy on the part of the Postofice De-
partment to decide against the Louisiana
Lottery Company, which has insisted
that the law does not apply to it, for
the reason that it is a corporation, operati ing
under charter granted by the State OF
Louisiana, and therefore not fraudulent"
1t is for the Postmaster-general 10 de-
termne what his powers are i'll the premises
and incidentally whether a State charter will
give a concern authority to use the mails in
violation of a United States law. Post
master-general Howe leaned TO the belief
that it could, judging from letter once
written in reply to an inquiry upon the
subject, but Judge Gresham has int-
mated that he entertains views to
the contrary, and that State charter
is no protection to persons doing business
under the authority of provisions in conflict
with the laws of Congress.
In former dispatch the estimate placed
on the annual business done by the New
Orleans concern was ST, ,25O, 900. That is lar
below the mark. 1t amounts to $4,000, OO0
large part of which is forwarded to the
company's agents through the mails by
suckers"
Judge Gresham will hear argument in the
case on Thursday.