The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-06-15
AN UNCONSTITUTIONAL
AMENDMENT.

one OF the publishers of the New Orleans
states, leading daily newspaper of that
city, which probably involves greater
number Of important legal PROPOSE tions
than were ever presented for the conSidera-
ton of that tribunal
1t Is. perhaps. regretable that these ques-
tions should come up on what many may
carelessly view as a side issue. Mr.. Dupre,
relying upon the unconstitutionality of what
is known as the Lottery Act, and having
CHOSEN to ignore its provisions, for which
ne was duly-and, as he thinks, unlawfully-
called to account, is now seeking the relief
guaranteed by the Constitution in such a
case.
10 Mr.. Dupre, therefore, it is not side
issue, but all important, as, indeed, must be
such an issue to every citizen which in
VOlVeS individual freedom, the rights Of
sovereign State and the liberty of the press.
Inc most cursory examination Of the pro-
Visions OF this act, entitled IAN act to
amend certain sections of the Revised
Statutes relating to lotteries and for other
| purposes" demonstrates the appropriate
ness OF its title. 1t is an act ''for other pur-
poses, and very many other purposes, in
deed. The avowed object OF the statute is
| 10 break up the business OF the Louisiana
| State Lottery Company, and if the trainers
| legislation had sought 10 do this directly,
honestly and fairly there could not be any
reasonable objection to the character of the
attempt. The worst that could have been
SAID OF such legislation is that it was nuga-
| tory. 'Y GU Shan't run a lottery" Uncle
sam would cry, to which Louisiana would
not unnaturally reply, II shall!' And here
the matter would rest until Louisiana was
ready Of her own accord, to agree with her
sister States For there is no principle Of
law better established than that the General
government has no power to declare any
acts committed within the borders of SOW
| erelgn State other than those which are
committed in direct cOntraventOn of the
special powers lodged by the Constitution
In the General Government
III IS Tor the State exclusively to declare
what Is lawful or unlawful in the way of
lotteries just as 1T is its prerogative to estab
llSh high license or prohibition or to enforce
or not enforce, as the case may be, Sunday
law.
The trainers of the statute knew this per-
1ectly we'll, and they have attempted TO
do by indirection what they have no right
TO do at all They have sought TO lodge In
the POstOtfice Department powers wholly
superior TO the Constitution, the law of the
lanu ana the proper tribunals for It's en-
torcement But the statute goes even
further; it expressly authorizes the pettiest
Postmaster, nay, eggs him On, to commit
acts which would, without the protection OF
the statute, constitute offenSes of the grav-
est and most inexcusable character.
These acts he is not only encouraged, but
commanded to commit on all occasions
which may seem fit to his own good pleasure.
Ii cOnfers, therefore, upon this mere sOTter
OF letters and deliyerer of mails, more
authority than that claimed by the Supreme
Court OF his own State, the President OF the
United States and his entire Cabinet-al-
ways excepting, OF course, his chief, the
POStmaster-GeneraL 1t puts him wholly
outside OF the law, makes him totally ire
sponSlOle even TO his own conscience and
common sense, and to cap this climax Of alb
surdities, places the liberty of the press,
without which our present form of govern
ment might as well be abandoned, CON-
pletely at his mercy.
. These prop OSltlOnS are startling but true,
and being true, they are worth the careful
attention Of every citizen who observes the
signs of the times. Fortunately, it is not
conceivable that the Supreme Court will, or
can, give effect to them. However deSira-
bic may be the end in view it surely cannot
be worth attaining az the expense OF liberty
and justice. Yet tnis is, III exact terms, the
issue involved.
1t requires no special knowledge or legal
training to detect the vice of such legisa-
ton. Like all arbitrary and despotc en-
actmentS, 1t puts might above right, and
iusttes the unlawful means it is compelled
TO employ by the conceived desiraOlity of
the end 1t seeks TO attain.
Take Section 1894 Of the statute "Any
persons violating the provisions of this Sec
ton" (Which makes the mere mailing of a
letter, or In fact any mail matter having the
remOteSt connection with the business of the
Lottery Company, msdemeanor) may be
proceeded against by Information or indict-
meut."
This section has at least one merit it
recognizes the forms of law if, at the same
time, IL does trample upon the Constitution.
Ii preSupposes regular proceeding of some
kind a trial by jury with all the regular
incidents of suen trial However, it is
wholly unconstitutional and, upon analysis,
absurd. The State of Louisiana aud in-
deed any individual or company, is de-
barred by law from maintaining a mail
service CT her own, yet the General Gov
ernment, not only a common carrier, but an
exclusive common carrier, declines to ac-
cept the mail matter Of one State because in
other States 1t Is declared cOntraband. H.
stead OF being neutral in the matter and
permitting the States TO settle their own
differences, the Government seeks to i'm
prison or terrorize those who attempt to
make it do its plain duty, which is to do for
all the States land not Tor any chosen num-
Der OF them) what severally they cannot do
so we'll for themSelVes-prOYide a safe
speedy and trustworthy service unimpaired
by such Star-chamber restrictions as those
now being enforced
press and the public because of differences
in opinion with regard to new distinctions
in morality arising between the several
States be a deprivation of the rights of the
State, as declared by the law and the Con-
stituti0n, what shall we say of Section 1929,
which authorizes the Postmaster-Ge
upon eUidence satisfactory to hilseT"-
we quote and ItaiciZe the clauSe-may in
struct his pOstmaSters to stamp with the
word fraudulent" letters which he thinks
fall within the provisions of this very act.
Whatever has been said of the Louisiana
State Lottery Company, its worst enemies
have never claimed it to be fraudulent"
The good faith of the company has never
been called In question. Even those news
papers which have taken exception to its
existence have never denied the honesty of
its methods, nor of the gentlemen-such men
as Generals Beauregard and Early are
among them-who have superintendent the
drawings.
The trainers of the statute knew this-it
was fact of common nOtoriety; but this is
just why they got up the rubber-stamp
scheme Repeat the word fraudulent"
enough, they reasoned, and perhaps after a
while the idea will sink in-the public will
in time, perhaps, come to believe the very
opposite Of what they had always believed
before.
The device seems flimsy enough. but in
its general operation it is highly dangerous
and oppressive.
For this enormous power Is exercised by
the Postmaster upon evidence satisfactory
to himself" Yet this evidence cannot be
obtained" so the statute is careful to say,
g by opening the letter." o, no. that would
be breach of con fidence, and, besides, it is
expressly prohibited by law. Then how is
the Postmaster to obtain evidence which is
satisfactory to himself?" He is to guess,
just guess. A private citizen who libels an
other cannot Set up in justification Of his
SANDER evidence of the truth of his state
ment which Is merely Satisfactory to him
self" If this were so 1t would vastly sim
plify many libel case. This evidence must
be satisfactory also to a jury of twelve men,
but it is different with the Postmaster. He
can brand the correspondence of the most
upright business man in the land on mere
suspicion and be held not in the least ac-
q lha II