National Republican., 1884-02-27
LOTTERIES AND THE MAILS.
Majority ana Minority Committee Re-
norts on tho senate Lottery Bill,


ports on tho Senate Lottery Bill.
Senator Wilson has reported faeorably, with
amendments, from the committee ON post
Offices and postroads, the bill introduced by
Senator Sawyer, to prohibit the mailing OF
newspapers and other publications containing
lottery advertisements. The bill rs IL was
introduced provided that IL should be unlaw.
ful to deposit in any mail receptacle, postal
car. or postoflce, or to convey by mail, or
give TO any employe of the postal service to
be sent BY mail, any newspaper, pamphlet, or
other publication containing an advertise
ment or other notice of lottery, or any
agency OF a lottery, or of n lottery drawing,
aud prescribed penalties for the violation OF
these provisions.
Tho prohibitions contained in the original
bill are retained IT, tho bill as reported, but
the bill isainended by striking out the penalty
section, which prescribed penalty of fine
not exceeding 1900 and not less than 5000 and
imprisonment for not more than one year, or
both fine and imprisonment in the discretion
of the court, and the substituting therefor of
the following; ANY person publishing a
newspaper, as owner or part owner, propri-
etor, agent manager or experimenting agent,
president or other officer conhected there
with, and any person engaged in conducting
n lottery, as owner or part owner, and any
person connected herewith as superIntend-
ent, manager, agent, or in any other capacity,
violating the provisions of this act, upon con-
viction thereof shall be liable to fine, for
each oifense, of not loss than 500, with costs
Of prosecution, or imprisonment for not less
than thirty days nor more than one year, or
both, ut the discretion of the court"
IL Is also amended by the addition of q
section to follow tho amendment Just given
which reads rs follows "All other person
not embraced in the foregoing section, who
HALL Nf lie - \,
intent to give circulation to any advertise
ment or notice Of o lottery or agency thereof,
or any notice. report, or statement Of any
drawing Of q lottery. shall DO subject to the
penalty prescribed in the first section of this
act"
The bill was accompanied by two reports
the minority report signed by Senators jack
son, Groomc, and Maxey. The majority
report says: Tho bill is based on the con
ceded power of the government to determine
what character of matter may be sent through
the mails, and its purpose is to protect the
general welfare and tho morality of the
people against the pernicious effects Of lot
terles. The pHrpose here expressed is one of
great public concern, and the duty underlying
it was very forcibly expressed in the opinion
of the supreme court of the United States in
tho case Of phalen vs.. Virginia aud Howard.
q u This case sustains both the power
| and the duty of the government to interpose
| by such means as the bill which the COM
mites herewith reports for the protection Of
the morals and well being ofthe people,"
| It says further, "The policy of the bill is in
| perfect harmony with the action of nearly
| every state in the union. Lotteries have
been and are under the almost universal ban
of the states. Of the thirty eight states only
three have failed to denounoe lotteries and to
protect their citizons from thoir baneful
| effects"
Jn s,n,n,1 ~ +bn.h D., tba n, , ;nri ~,
submits a synopsis of the constitutional and
| legislative enGctments Of the several states
relative to lotteries. 1t also presents table
to show that lotteries are prohibited by consti-
tutional provision in twenty-seven states
that they are prohibited by statutory pro
vision in, eighs states, and that lottery
advertisements are prohibited in twenty
states. From this table 1t also ap
pears that Delaware and Vermont prohibit al
lotteries except those authorized by the lawi
of the state and that Louisiana, by constitu
tional provision, authorizes lotteries unit
1895, after which they are to be prohibited.
The minority report, which was submitted
by Senator Jackson, opposes the bill on con
stitutional grounds. 1t is very long argu
ment, the gist of which is, that tho genera
government has no power to suppress gam
bling in any state, and consequently no powe
to prohibit the use of the mails to newspaper
published in the states which contain lotter,
advertisements The report says: THE rea
object and purpose of the hill Is perfect.
manifest. 1t is the suppression Of that specie
of gambling which is carried on through tn
agency and instrumentality of lotteries" ant
il adds: "While we concur with the majorit.
Of the committee in the opinion that lotterie
are pernicious species Of gambling, exert
ing an evil aud demoralizing influence upoi
the people, we do not assent to the measur
of redress which is recommended by tn
present bill"
1t then states the opinion of the minority
that "the general government has no powe
to suppress any kind OF gambling in tn
states, OF to prohibit the states from legalizn
or permitting lotteries and lottery advertise
ments," and that the adoption of such la,
as that proposed by the bill would establis
dangerous precedent for the interference {
the general government in the affairs of til
| statps