The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-11-17
LOTTERY ADS. In PAPERS
APPEALS OF TWO PUBLISHERS IN
THE SUPREME COURT.


leans-The Cases Meant to Test the
Constitutionslity of the Anti-Lot-
terry Law.
WASHINGTON, Nov. 16.-Argument was
begun in the United States supreme court
to-day in the snti-lottery cases. In which
the constitutionality of the recent anti
lottery law is involved. The suits come up
in the form of applications of John N. Ra-
pier, publisher of the Mobile Register,
and George W. Dupree, publisher of the
New Orleans States. for writs Of habeas
corpus. they having been indicted for vio-
lation Of the law prohibiting the sending
through the mail of newspapers containing
lottery advertisements. The counsel have
already submitted briefs giving the line Of
argument and these have been published In
the press
Hannis Taylor opened the case for Mr..
Rapier. he said that now for the first time
in the history Of the republic the publisher
OF an American newspaper sought protec-
ton OF the supreme court against
what he asserted was an unlawful attempt
to abridge his rights upon the part of con-
gress. But siuce the freedom of the press
had been assailed In a moment of excite
ment by measure which had no precedenu
in American legislation he asked the court
to settle the question of its lawfulness, and
for all time.
ASSUMPTION OF THE ACT.
The assumption of the act was that there
was vested IN congress a censorship by
which it might determine beforehand what
newspaper passing through the mails
may or may not contain. He could con-
Cn1a that tha NJ NJ ha
mails was plenary, but it was subject 60 the
restrictions of the constitution. The first
ten amendments embodied constitu-
tional limitations upon federal power
in favor of fundamental rights,
Of which one was freedom of sthe
press and by the first amendment congress
was denied the right TO impose upon the
American press any restraints in addition
to those which at the time of its adoption
were imposed by the law of criminal libel.
Under that construction lottery advertise
ment could not be excluded. Moreover the
question Of the heimmorality of lottery was a
judicial question ard congress had usureed
function which did not belong to it. This
fact was strikingly shown when the anti
lottery law and the obscene mail matter
law. in which jury verdict was endered.
were compared.
THE ARGUMENT OF THE GOVERNMENT.
The case for the government was opened
by William AZ Maury, Assistant Attorney
General. He argued that the constitutional
provision by which the creation and main
tenance of postal facilities was vested in
congress gave that body power to make aud
shape those facilities to Its will. How far
that power was subject to other constitu.
tional provisions he would subsequently,
consider, confining himself at present to the
contention that the legislation was void
because not necessary and proper for the
carrying of the mails. The constitution
was purposely silent as to what sort of
service should be established and left it
VIII oily to legislative discretion, like the army
and navy power. Franking laws were not
necessary for mail transportation, and
showed that no such limitation, as that
postal laws must be necessary and proper
for the service, existed.
POWER OF CONGRESS-.
20 Congress had right to say what was and
what was not mail matter, to exclude news
papers entirely, or to admit them 30 the
mails on any terms 1t deemed
reasonable. The police power over
the mails, Mr.. Maury further contended,
resided in the general government,
which had In this respect powers
1t could not reside In the states, and was
not wandering through space like
disembodied spirit. Otherwise fail
ure OF the government would be pro-
duced. Congress, he maintained, was
not suppressing Or disfavoring lotteries, but
purging the mails. Every state in the union
except Louisiana had an anti-lottery law,
and the constitution did not make the govs
ernment supine and inert and an instrument
for the corruption of the morals of the
people of all the states. The constitution
had taken away from the states
taken away from the states fragment of
their police power, and this power it had
vested in congress and given it entire con-
troll of the mails with the same police
powers thereover that the states would
have had.
MR.. CARTER'S ARGUMENT,
J. @. Carter of New York, who followed
in behalf of Mr.. Dupree, said he Iabored
under some disadvantages because he could
not say anything about the lotteries them
selves, which had, in our early days, been a
favorite way of raising money for all sorts of
benehcent purposes. because it wonId
be said he was entering on irrelevant dis
cussion. There had been great clamor on
the subject, but he felt that If his side salts
fed the court thai its view Of the constitu-
tion was right that this court would be able
to stand above the loud voice of public clamor
and execute its high office of declaring
to the present and future times the mean
ing of the constitution, under which alone
our liberties stood. Mr.. Carter declared
that the sole object was TO put obstacles in
the way of conducting the lottery business.
1t had been SO openly avowed in congress
and was so avowed here.
DENIED BY THE ATTORNEY GENERAL.
Attorney General Miller, when this last
statement was made. interrupted the speaker
with a denial that such an avowal had haen
made by the government counsel.
Mr.. Garter retorted: Then why had it
been argued that the lotteries were
nefarious business, and why had
the police powers of the state been
invokedp While Mr.. Carter was arguing on
this branch Of the case an adjournment was
taken until tomorrow.
THE NEW YORK MEETING.
New York, Nov. 16.--Gov. Nichols has
replied as follows to the message Of the New
York meeting bidding Louisiana godspeed
In her fight against the lottery:
The fraternal greetings sent by citizens of
New York to Louisiana bidding her godspeed
in her fight against the lottery are profoundly
appreciated. Many thanks for them. That the
people OF Louisiana will be true to themselves,
to their fellow citizens OF other states aud to
the obligations of comfy Justice end right
feryently hope and confidently believe
Francis T. NICHOLS, Governor
SUICIDE AFTER A SHORTAGE.