The times. [volume] (Richmond, Va.) 1890-1903, 1891-09-18
ATTORNEY GENERALS REPLY
To The Briefs Of The Council in The Louis
lana Lottery Company.
VERY PLBM III HlS DEhUHCIAIlOh.
ATTORNEY General Miller Shows where tne
Argument IN Favor OF Lotteries is
Invalid and iyon Ridiculous.

WenNGr0v. d. C.. Sept. 17-Attoruey-
General 8liner has filed 10 the Supreme Court
Of Tire United States hs reply 20 briefs hied
by counsel for j. H. Hapier aDd George NJ.
Durre. representing the Louisiana Lottery
Comnany. Fach OF these cases is al applca@
tiou for o. discharge by wrt " labeas corlu3
from a1rest for au alleged violation of ant'-
lottery legislation of Tho lu.ted states. ha-
lier was arrested under an information n tha.
district coart fol the Southern district of Alar
oaml. Uupro was arrested under Two indict-
monts n the circuit court for fhe astefn his-
tr.et tl Louisiana. Ile charge against hapler
and Duue i1 ono Indictment i- mai. NJ "a
paper coutHurg an aiYertsement ot ihe .o'-
terry. Gni tne other indictment ID ioI u-illNs
"a paper concerning the lottery.
WHAT IHs sr1ouyrY-GENTRsL SAWS.
Attorney Gen eral Mi 'er. in addressing him
self 70 tle cousttutlOLa.itF Ot tie law raised
hv cOu. .sal,Or petitioners. says Ordinarily
un Ter such circumstances IL would seem that
tie question of he cOnstiiuuOnality OF tne
LEGISLATION involved should be deemed settled.
Il eeem~ however. otherwise. The revenues
poufedint the Golfers of le Louisiana Ottery
Company b. it, W tless victims are too large 70
be surrendered without a struggle. very
small per cent. If those revenues suiilces 70
pay for making new .Ontest Accordingly
nothing daunted by the TACT that TINS ne
faTOus scheme IS under the ban Ot puDuc
opinion of legislative enactment and OF Iudl-
Cial decision the most eminent counsel IN tho
land are here making "A very asiute but. as
think a very s0ph.stlcal prcst ntat.on OF BAD
cau-e.n Continuing he says Much stress
ia laid Oh the fact that Louis NV. George
Washington and even prea hers OF the Nospel
have in times past believed II and prohted
by lotteries.
SOME SOUND ARGUMENT.
II might bo added that persons no less
ilustrOus and worthy contemporaries OF
these same men in France England and IN
this country beloved in and encouraged the
Use Of Holy lnQuisition and the burning or
heretics Duakors and witches, 10 the interest
II pure and undefied religion yet Il will
hardly DO % insist that the Government 0t
the United States would therefore. be bound
10 lend its aid 20 such practices in the IN
tere- Is OF such constitutional lottery II an at
tempt were made 20 revive them II W
Tho AttOrney-Generai takes up each Of the
points raised by petitioners counsel and finds
that no provision OF the Constitution IS vlo-
lated by the anti-Ottery law and IN concu-
sion SAYS. "l think 40 decision VIII be found
wherein u IS held that Il Gn act defines dlter-
ent ohenses and provides for their punish
mont the fact that a. 70 one OF the ohenses
the legislation was Unauthorized renders
the entire legislation invalid. And so If the
act detues aud prescrihes a punishment Tor
an ofense. the fact that it also independently
of such provisions imposes dates on officers
which are unauthorized by the Constitution
is lmmRteriai. If i Pm correct in this dis
cruninatlon. then the provision for the pun
ishment OF mailing uumailsb.e matter is IN
no way depenaeu, upon tAosc prescribing
duties Of pOst0fi'e officials ~ relation 10
such matters but each may stand OF iai IN
dependeutly of the other"