The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1891-09-18
LOUISIANA LOTTERY
LEGISLATION
To be Tested in the i. S.
Supreme Court.
POINTS At ISSUE.
attorney General Miller Files HIS
Brsef-Ensi,aeat Counsel Re-
tdined by the Company and
,, a noted Lasosust to
be Decided.
POINTS At ISSUE.
BY United J rees:

BY United rees:
WASHINGTON, D. c., September
II. Attorney Gen. Miller has FL
ed in the Supreme Court Of the
United States his reply to briefs
filed by counsel for j. L. Rapier
and Geo. w. Dupre representing
the La Lottery Company. Each
of these cases is an application for
a discharge by writ ofhabeas corpus
from arrest for an alleged violation
of the anti-lottery legislation of the
United States.
Rapler was arrested under ar in-
formation in the district court for
the southern district of Alabama.
Dupree was arrested under two
indictments in the circuit court for
the eastern district Of Louisiana.
The charge against Rapier and
against Dupree in cne Indictment
was the mailing of a newspaper con-
tanning an advertisement of tn, LOU
isiana lottery, and the other indict-
ment was for the mailing OF l, letter
concerning the lottery. Attorney
General Miller in addressing him
self to the constitutionalty of
the law raised by counsel iof
petitioners says: Ordinarily, under
such circumstances it would seem
that the question of the constitu-
tionality of the Legislation involved
should be deemed settled. Il seems.
however, otherwise. The revenues
poured into the Golfers of the Lou
isiana lottery company by its wit
less victims are too large to be
surrendered without a struggle
A very small per cent. of these
revenues suffices to pay making a
new contest. Accordingly, nothing
daunted by the fact that these ne
farious schemes are under the ban OF
public opinion, of legislative enact
, ment, and Of judicial decision, the
most eminent counsel in the lano
are here, making very astute but
as l think a very sophistical, pre-
, sentation of bad cause.''
Continuing, he says "Mucf
stress is laid on the fact that Louis
XIV, George Washington and ever
preachers of the gospel have, il
, times past, believed in and profte'
by the lottery. He might hav'
: added that persons no less illus
trious, and worthy contemporaries
J, of these same men, in France, Eng
}. land and in this country believe
J, in and encouraged the use Of tn
{. Holy Inquisition and the burnin
|, Of heretics, Quakers and witches
in the interest of "pure and unde
t, filed religion" Yet | will hardl
insist that the government OF tn
United States would therefore b
bound to lend its aid to such pra'
tices, in the interest of constitl
tional liberty, if an attempt wer
made tc revive. them no
g The Attorney General takes u
= each of the points raised by pet
., toners counsel and finds that n
provision of the constitution is VII
e. lated by the anti-lottery laws, an
in concluding says: 81 think no d
3, cision will be found wherein it
held that if an act defines differe'
offenses and provides for their pu
IS ishment, the fact that
to one Of the offens
6, the legislation was unauthorlz'
renders the entire legislation 1
6. valid; and so if the act defines al
prescribes a punishment tor
IL ofense, the fact that it also, Inc
nendentlv of such provision, lmpOs