St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-11-17
FREEDOM OF THE PRESS.
Arguments in the Anti-Lottery
Law Cases

Law Cases.
WASHINGTON, Nov. 16.-Argument IN
the cases involving the constitutionality
of the unti-lottery law began
i'll the supreme court of the
United States this afternoon, and
VIII be concluded tomorrow. The
eases are those OF John l.. Raper, of
the Mobile Register, and George w.
Dupree, of the New Orleans States, who
were arrested on the charge of de-
posting in the mail newspapers con-
tanning lottery advertisements, ami
Dupree was charged also with deposit
Ing in the mails letter containing an
advertisement. the cases came to the
supreme court on applications for writs
of habeas corpus and certiOrari.
p. Taylor. attorney for Rapier. opened
the case on behalf of the petitioner. He
reviewed the story of the liberty of the
press, leading up TO his main contention
that the anti-lOttery law. in interfering
with the freedom of speech granted
newspapers and other publications by
the federal court was unconstitutional.
1t has been recognized. he said,
that the very essence of freedom of
the press. which the first amend
ment TO the constitution guarantees.
IS the right OF circulatiOn-nOt along
the highways of commerce, over which
congress could not possibly exercise
any control in this regard, but along the
great highway Of the mail, the only
highway which the government main
talnS and controls.
Tie first amendment. together with
eleven which follow it, had been de-
clared by the supreme court to con-
tain limitations, not upon powers
which the federal government never
possessed, but upon powers actually
vested in it by the constitution of its
original form. The only power
thus vested whose exercise could Dos
Sibiy abridge the freedom of the press.
Is the power to regulate the mails:
TO that power only could the freedom of
the press clause of the iirSt amendment
apply. Ii that be true. he argued, then
the very essence of the free
dom which the first amendment
guarantees is the irreYOcable right
of all papers TO circulate through the
mails, subject only to such applied re-
strictions as that amendment embodies.
In view of this right to circulate
through The mails, it was idle to CON
tend that they stood on the same plane
with the merchandise which was en-
Titled to no restriction.
Following up his conclusions in ar
guing that the advertisements are an
essential part OF newspapers, Mr. Tay-
Tor said that nothing was better
settled i'll the law of the
press - the law of libel - than
The fact that advertisements were a
vital part of newspaper. which stood
upon the same fOOIlng with every other
part. The power. he added, which
could dictate what advertisements a
newspaper should contain. could dictate
what editorials 1t should contain. The
distinction attempted by the govern
ment had no basis either in reason or
authority.
Mr.. Taylor was followed by Assista mt
Attorney General Maurey for the gov
ernmeht. There was. he said, no limit
alton whatever, 50 far as the terms of the
power are concerned, Oh the will
OF congress, ana if no limitation
on the Will of congress existed,
there was no possible ground on
which it could be argued that the laws
OF congress creating postal service are
not necessary and proper for CARRYING
out the power TO establish postOffices
and post roads. The whole question was
one of legislative discretion, with which
the courts could not interfere. ex-
Cept 10 prevent perversion and abuse.
More than century of acquieSence OF
the people OF the United States in the
construction of the constitution which
proceeded on the opposite idea, that the
discretion Of congress is absolute under
the power TO establish postal system.
las been binding Oh the courts. as the
supreme courts had expressly ruled sew
cral times.
No one could deny that congress had
the power to say what snail be mail
matter and what shall not If congress
deemed it advisable to exclude news
papers from the mails on any terms.
might It not do 50? And il congress
might exclude newspapers absolutely.
might it not admit them on any terms it
deemed reasonable? Concerning the
freedom of the press, Mr. Maurey went
on to contend that the right 10 exclude
obscene and other immoral matter from
the mails had never been denied and
could apply i'll the lottery cases.
James {. Carter, Of New York. coun-
sci for Dupree. followed Mr.. Maurev.
lie cOntended that congress has NOT in
virtue Of its authority to make laws.
necessary and proper in order to carry
into effect the powers expressly
granted to 1t, the right to pass
4 Law manitestly and aYowedly for
The sole purpose OF suppresSing a bust
ness within state. which that state