Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-04-28
THE ANrl-Lorreay CASE.
Postponed In Spite Of Argument Contra
by Counsel for Defence.

fBy telegraph 20 the DispatchJ
wAsHrsoroS. ID. c.. April 27.--fhe attof-
neys for the publishers of the New Orleans
States and Mobile Rgiasr and the Louisiana
Lottery Company to-day made vigorous
effort TO prevent the postponment OF argu-
ment in the cases against the newspaper
publishers for violating the anti-lottcry
act foibidding the circulation through tho
mails Of publications containing Lottery
advertisements. The court was very much
disinclined 10 hear the case at this time
owing 10 the illness Of Justice Bradley.
]. @. Carter. OF New York, made request
that the case go on "a originally ordered.
he called attention 10 the position IN
which postponcment would leave his
clients, the newspaper with lottery
advertisements being excluded abscs
lutely from tha mail pending de-
sion. Under the circumstances he thought
il his duty to call the attention of the
Court TO the importance OF having an early
decision. II the act were unconstitutional
it was O most oppressive restriction which
should be removed. They were not uu-
mindful of the possibility OF the Court
being equally divided and reargument
being necessary, but thought it should be
argued now nevertheless. The Chief jus
tice was disinclined to grant the request
and finally said the Court would retire for
consultation. which il immediately did.
The Government counsel are indifferent AS
to immediate argument or postponement
aud offered no suggestions to the court
When the Justices returned the Chief jus.
tice announced the postponement OF tho
cases until the second Monday of next
October.
Counsel both for the lottery company
and for the Government had fled theif
briefs in the Supreme Court aud were pre-.
pared to go on with the argument. The
contentious in opposition to the cOnsti-
tutionality of the law have already been
published in the newspapers, having been
summarized by tho Junior counsel. In
brief they are that the power vested IN
Congress TO establish post-ofhces and
post-roads is limited by the first amend-
ment forbidding abridgement Of speech or
OF the press; that the anti-lottery act
abridges this freedom Of the press and
is unconstitutional because it makes
Congress and not Jury the judge of the
criminality of tho subject-matter Of
publication, and does not FIRST require that
jury shall, as in the case of obscene mat
ter, find the publication immoral as q
necessary preliminary to conviction, and
that the act Is, moreover, an attempt on
the part of Congress 10 so pervert one OF
its legitimate powers TO an illegitlionte end
as to accomplish a purpose entirely OUT
side Of Federal jurisdiction the sup
~
Assistant Attorney General Maury, who
prepared the brief for the United States,
in his argument takes the ground that tho
right TO establish postal system, granted
Congress by the Constitution, gives Con-
grese the power to make and shape that
service according to its own will. This
provision, he says, did not convey q power
TO regulate something already existing,
like commerce, but gave authority to
a. hot hair nfa0
mitted to Congress without reservation or
qualification. Assuming that the conten-
ton of his opponents that postal legisla-
ton must be strictly confined 10 laws
necessary and 'proper for the mere carry
ing and distribution of the mails is cor.
rect, Mr.. Naury asks on what ground
the franking privilege. or the act
paper publisher the right 10 send free
one paper TO every other publisher can be
justified. Neither is necessary to the ear
rying of tho mails, and these laws, Mr..
Maury maintains. show that Congress
never, from the beginning down, recog-
nized any such limitation on its powers as
is now contended for. Congress might abb
solutely exclude newspapers from the
mails, but that would not constitute an
abridgement of the liberty Of the pressi
| 1.-THE whole subject IL safe in the hands Of
| be quick enough to take alarm at the hrse
approach of danger, without listening for
| the slogan of this new sentinel OF hberty-1 4
| the Louisiana Lottery Company"
Mr.. Maury next takes up the argument
that the act IL an attempt to suppress lot.
teries within State and therefore beyond
the jurisdiction of Congress. He denies
that one Of the direct objects of the legis-
lation is to disfayor or suppress lotteries,
The direct and only object To which Con-
gress looks, he holds. is the purging OF the
mails, and all the rest is indirect and con-
sequential.
Mr. Maury maintains that the power %
Congress over the mails is similar to the
police power of the States. and that there
is no limit placed on either power except
it's abuse when Congress cleanses tina
mails Of the seductive, corrupting lottery
advertisements that are more terrible in
their effects than pestilence. The at
tempt 10 raise the cry that this law
abridges the freedom of the press and puts
the palladium of liberty IN danger is
analogous, in Mr.. Maury's opinion, TO tho
cry that laws making IL criminal TO carry
concealed weapons are an infringement OF
the constitutional right of the people 70
keep and bear arms.