Savannah morning news. [volume] (Savannah) 1868-1887, 1886-06-02
LOTTERY PUBLICATIONS.
pLOUNT WANTS TO RULE THE
PRESS OUT OF THE MAILS.

Public Opinion Represented as Being
Overwhelmingly Opposed to any En-
couragement of the Big Games OF
Chance-The Minority of the Postal
Committee Question the Proposition q
COnstitutiOnaiity
WASHINGTON, June 1.-Chairman
Bount, of the House Post Office Commit
tee, to-day reported TO the House from
that committee bill in lieu OF several
others on the same subject amending Sec
ton 1894 of the revised statutes relating
to the transmission through the United
states mail of lottery, gift enterprise and
other circulars. The bill pertects the ex-
isting statute so as to make it conform to
the decisions OF the courts, and amends it
by the insertion of the following clause
"And all newspapers and periodicals con-
tanning advertisements OF any such lot
terles, schemes, drawings or distributions,
or tickets, shares or chances therein, are
hereby declared to be non-maiIable mat
ter, and shall not be conveyed in mails of
the United States nor be delivered from
any post Office or by any letter carrier"
PAPERS TO BE WARNED.
No newspaper is to be excluded from
the mails until notice shall have been
given by the Postmaster General to the
publisher that some advertisement pub
lished therein is deemed to be within the
provisions of the act, but after such notice
every copy of the paper containing the
advertisement shall be excluded, and
whoever shall knowingly deposit the same
in the mails shall be liable TO the penal
ties provided in the act. The bill also
makes it misdemeanor for any person to
use an alias or fictitious name or address
TO promote lottery scneme, and requires
the return of the matter addressed to
such persons to the sender.
TWO QUESTIONS INVOLVED.
IN the accompanying report the COM
mittee says that In considering the propo-
slt0n of excluding newspapers and peri
udicals from the mails when they contain
certain lottery advertisements but two
questions require examination-tirst, as
10 the constitutionality of such an act,
and, second, cOnceding the power of Con-
gress IN the matter, would it be justified
in exercising it? In answer to the first
question the decision OF the United States
supreme Court (in eX-parte JacksOn) is
cited as affirming the power of Congress,
and as meeting the second interrogatory
the action of those States which have
passed acts adverse TO lotteries are cited.
PUBLIC OPINION.
The report in conclusion says:
This action of State governments furnishes
overwhelming evidence of most enlightened
cOndemnatlon by the people of the United
States Of the perm lciOus effects of such
schemes, and yet the transmission through
the mails or newspapers and periodicals ad-
vertisng the same cannot be restrained by
tie States. 1t may be by Congress having
such power. VIII this body ignore the moral
sense Of the country by prostiIuGinG the malls
Of the United States for the advance of i'm
moral purposes? Will it exercise its power.
which is complete over the subject matter, in
harmony with the conscience of the Ameri-
can peopleI Your committee insist that the
passage of the accompanying bill is only de-
good, and recommend its enactment into a
law.
The MINORITY REPORT.
The minority report is signed by
Thomas b. Ward and Joseph Fl. Jones.
II dissents from the majority report, and
holds that the proposed legislation as to
newspapers is unconstitutional. 1t con-
tends that the jackson case cited by the
majority does not support the PROPOSE
ton. The exclusion proposed is a Judi
cial act. The bill attempts to vest an ad-
ministratiye officer with judicial func-
tlons and powers. The effect will be to
deprive a citizen OF his property without
due process OF law. The answer that the
proprietor Of a newspaper may avoid the
effect of the statute by excluding the OBJ
lectl0nable matter brings the bill face to
face with the first amendment to the con-
stitution, which provides that Congress
snail make no law abridging freedom of
speech or of the press.