New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-17
THE COURTS.
THE UNITED STATES SUPREME COURT.
ARGUMENT BEGUN IN THE LOTTERY CASES
OTHER RIrSIyF=S.

ARGUMENT BEGUN IN THE LOTTERY CASES
OTHER BUSINESS.
Washington, Nov. 16.-Argument was begun in the
supreme Court to-day In the lottery cases, In which
the cor s.itutionaty OF the recent antLottery law
Is involved. The suits those brought by the
United States against John n. Raper, publisher OF
"The Mobile Register and George W. Dupre, publisher
Of 1.-The New-Oreans statesr for violation OF the law
prohibiting the sending through the mail OF newspapers
containing lottery advertisements The cases come here
in the form Of applications on the part OF the news
paper publishers for wts Of habeos corpus the lower
courts having found them guilty OF the offence charged
Hannis Tayor of Mobile opened the argument for Mr.
Raper. lie said that now, for the first time In the
history Of the Republic. tho publisher OF an American
newspaper sought tie protection OF the supreme Court
against what he asserted was an unlawful attempt 10
abrdgc his rights, upon the part OF Congress. Inc
assumption of the act was that there was vested In
Congress a censorship by which IL might determine
beforehand what a newspaper passing through the
mails may may not contain He would cohceoe
that the power Of Congress the mails was pienary'
but IL subject TO the restrictions Oh the oohsuu
ton. The first ten amendments, however, embodied
constitutional limitations upon the Federal power IN
favor Of fundamental rights OF which one was freedom
Of the press, and by the first amendment the right
was denied Congress TO impose upon the American
pess any restraints In addition TO those which, at the
time of Its adoption, imposed by the law OF
criminal libel Under that construction, lottery ad-
vertisements could not be excluded. Moreover the
question of the immortality Of lotteries was judicial
question: and Congress had usurped function which
did not belong to II.
Tie cause Of the Government was opened by william
A. Maury Assistant Attorney General He argued that
the constitutional provision by which the creation and
maintenance OF postal facilities vested In Congress
gave that body power to make and shape 1t TO It's WILL
How far that power subject to other constitutional
provisions he would subsequently, consider, oonhnins
himself at present the contention that the legislation
void because necessary and proper for the car
rying OF the malls. The Constitution was purposeiy
silent as to what sort OF service should be estao-
lshed and left wholly 70 legislative Discretion Coh-
gess had the right to say what was and what was not
mail matter, TO exclude newspapers entirely or 10 ahnt
them TO the mails on any 1t deemed reasonable
The pcllce power the mails Mr.. Marry further
contended resided in the General Government. con
eress lie maintained not suppressing or dStaVor-
Ing lotteries. but purgng the mails.
j. C. Carter of New York, who followed in behalf Of
Dupre said he lab red under some disadvantages, be-
he could not say anything about lotteries them
selves whichhsd in the counrys early days been tho
favote way OF raising money for all sorts Of beneficial
purposes because It would be said he was entering
on an irrelevant discussion
He called attention first to the unusual powers the
Lottery gave pOstmosters OF refusing 10 denver
matter TO lottery propetor agents, for the purpose
Of showing the spirit OF the law and how partook OF
despot!sm. OF course Congress had power TO rcgu-
late the mails, but the regulation must be necessary
and proper; and whether any law was necessary or
proper was n judicial question. formula for de-
termnng such questions had been laid down by Chief
Justice Marshall when he ruled that the means must
be conducive TO the end and, the exclusion OF lot
terry advertisements not means conducive 10 the
apd safe or necessary conduct Of the mails. it was
contrary to law. OF course Congress could exclude
inf rffn nd
mails see that the health Of those handling them was
not injured. Tried by any test the end In view by
Congress was Tire suppression or dsfavorlng OF lot
teries and he asserted Congress had right TO use
Its power over the mails to bring about this end
Justice Field inquired IL Congress sought TO break
down lotteries.
Mr. Carer declared that the sole object was to put
obstacles in the way of conducting the lottery bust
ness II had been openly avowed 10 Congress, and
was so avowed here.
Attorney General Miller. when this last statement
was made interrupted the speaker with denial that
Mr. Carter retortod then Why had it been argued
Chat lotteries we're hazardous business, and why had
the powers Of tho State been Invoked
case. an adjournment was taken until to morrow:
The court affirmed the judgments Of the York
eeIveS Judgment tr on tho bond executed by L. H.
Rogers as surety Tor Howgatc. the defaultins diS-
buIsing oricer Of the Signal Service
lows:
No. 59-The Fire Insurance Association. Limited.
plaintiff in error, agt. John ". Wickham. lr. and
Sthers Judgment affirmed, with costs and interest.
No. 6O-A. II. Johnson appellant agt the ST.
Louis Iron Mountain and southern Railway Company
Decree affirmed, with costs. r.
No 1.-The st. Louis. Iron Mountain and Southern
Railway Company. appellant agt A. ii. Johnson
Dismissed for want OF inrisdlcuon
The Chief Justice announced the following orders OF
the court:
No 1O3lO-The Gulf, Colorado and Santa Fe Rail
wav Company. FS.ntif In error, agt. Hefey d Lewis
Motion to advance denied 1-
No 095-The Kentucky Central Railroad Company,
plantiG I'm error agt the Commonwealth Of Kentucky
Motion 70 advance denied. 49, -
No l,417-The Chicago st. Paul. Minneapolis and
Omaha Railway Company plalntn In error; agt: Johh
Roberts Motions to dismiss affirm submitted.
No 1Oo-The Edward Barr Company. Limited and
Others appellants. agt the New York and New-Haveh
Automatic Sprinkler Company Dismissed WIN coSts'
The day call for November II Will be as follows;
Nos : and O. original: GA. e45 and 719, 9S7, 2,
and Z, ,024. 81, 81, 60 lO2 and 1o3