The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-27
The Government Furnishing Facili-
ties for Robbing Its Citizens.
The Number of Revenue Districts Reduced
to Eighty-A Warm Time in the Hill
Investigation-Capital Notes.
LOTTERIES AND THE MAILS.
The Unsavory Scandal Connected with the
Business of the Louisiana Lottery.

determination to inquire into the "postoff1ce
lottery scheme" as the Louisiana lottery
Job" is termed, is heartily commended. An
unsavory scandal attaches to this business,
and if the Postmaster-general goes to the bot
tom of it he may possibly discover some
thing that will surprise him.
On November 13, 1879, Postmaster-general
Key issued the following order to the post
masters in New Orleans, New York, Louis
vile, Covington, and other points where lot
terry companies were located and doing bust
ness, the names of the representatives of the
companies being enumerated therein:
"It having been represented to me that
certain - at --, is engaged in con-
ducting a scheme, or device for obtaining
money through the mails, by means of false
and fraudulent pretenses, representations
and promises, and being satisfied, from the
evidence before me, that the said -- is SO
engaged, do, therefore. forbid the payment
by the postmaster at -, of any postal order
drawn to the order of said -, and the
said postmaster is hereby directed to inform
the remitter of said postal money order that
payment thereof has been forbidden, and that
the sum of said money-order will be returned
upon presentation of a duplicate money!
order applied for and obtained under the
regulations OF the department.
Upon the same evidence the postmaster at
- aforesaid is hereby instructed to re-
turn all registered letters which shall ar
rive at his office directed to the said - to
the postmasters at the offices at which they
were originally mailed, with the word frau
dulent plainly written or stamped upon
the outside of such letters.
I'D. NJ. KEY Postmaster-general."
This order is based upon sections 3, 929 and
4,0H of the Revised Statutes, prohibiting
persons engaged in conducting any fraudu-
lent lottery, gift enterprise or scheme for
the distribution of money or of any
real or personal property by lot, chance
drawing of any kind" from using the mails
for the transmission of money-orders or
registered letters, the language of the law
being reproduced in great measure and in
all important essentials in the order.
The postmasters followed out these in
structions, whereupon M. A. Dauphin, repre-
senting the Louisiana Lottery Company,
brought suit in the Supreme Court of the
District of Columbia against the Postmaster
general to compel him to revoke the order.
The court refused to issue the writ of man
damus, and an appeal was taken to the Su-
preme Court of the United States
REMARKABLE ORDER
Pending action on this appeal Postmaster
general Key issued the following remarkable
order bearing date of Feb, 27, 1880;
''On the 18th day of November, 1879, is
sued an order addressed to you forbidding
the payment of any postal monev-order to
NJ. A. Dauphin, 319 Broadway New York
and directing the return of all registered let
ters addressed to him to the postmaster at
whose offices they were mailed.
This party having brought suit against me
to enjoin the performance of this order. and
having appealed the same to the Supreme
Court of the United States, and having this
day presented the certificate of the Governor
and State officers of the State of Louisiana
that he has complied with all the legal re-
quirements of that State and other evidences
and not being satisfied from the evidence
submitted to me that the said NJ. A. Dauphin
is engaged in conducting a scheme or device
Tor obtaining money through the mails by
false and fraudulent pretenses, represen-
tations and promises, | hereby authorize
and direct the suspension of said order of
November 1879, so far as relates to the said
Dauphin, until the case shall have been heard
and determined by the Supreme Court of the
United States d. NJ. KEY,
"Postmaster-general."
A similar order was sent to the postmaster
at New Orleans, as we'll as to New York.
Dauphn's appeal, Postmaster-general Key
resigned, and the Supreme Court dismissed
the case, holding that the mandamus pro-
ceeding was personal action, and that the
action abated when the person against whom
it was brought retired from the office The
order of February 81, suspending the order
of November 10, 1879, remained in
force, however, and as the Supreme
Court had thrown the case out
without deciding the points involved, it
took the form of a perpetual order giving
the Louisiana Lottery Company monopoly
Of the mails-perpetual, atleast, so long as
it should be left undisturbed. That it has
been left undisturbed through the successive
administrations of Postmasters-general
Maynard, James and Howe has brought re-
partment
MULTIPLYING THE LAW.
For a period of three years an order of the
acknowledgement has been allowed to
practically nullify the law OF Congress for
bidding to lottery companies the use of the
mails, so far as relates to the Louisiana
concern. The non-action of the depart
ment in this matter for three years
has an exceedingly sinister appearance.
The public will await with no small degree OF
interest the outcome of Postmaster general
Gresham's investigation.
More than 81, ,25o,0OO is poured into the