Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-11-18
WEDNESDAY. NOVEMBER IS, 1891.
Cases Before the Supreme Court.

Cu1th DcApIt TIC RNDAS4A4e CGuA =
In referring yesterday TO the important
cases now pending before the Supreme
Court Of the United States. we omitted TO
mention several in which the decisions
must tend 20 settle fundamental princi-
pies. One OF these is q case from Tonnes
SEQ involving the right Of man to work
on his farm on Sunday. Several others are
the Louisiana lottery cases. involving the
right Of persons 70 use the mails in pro-
noting the objects Of those lotteries.
As the statute establishing the Interstate
Commission aud all the other national laws
touching commerce are based upon a few
words Of the Federal Constitution coufer-
ring upon Congress the power ito regu-
late commerce amongst the several
States,n 80 the vast mass of legislation
which encumbers the Federal statute-book
apon the subject Of postal matters is based
upon the following few simple words. In
enumerating the powers Of Congress the
Federal Constitution says that body shall
have power
ITO establish post-ofices and post
roads"
In ante-bellum times a Democratic At
torney- General OF Virginia gave it as his
opinion that the State authorities had the
right 10 examine tho contents OF the mail
bags and destroy incendiary publications
that is 20 say, papers and documents in
tended or calculated to stir mp insurrec-
ton amongst the slave population. This
opinion would hardly DO considered
sound one now. The times have changed
and we have all changed with them.
The counsel for the Louisiana lottery
rely partly upon the first article of amend
ment 10 the Federal Constitution 10 prove
that the laws of Congress depriving that
lottery of the use of the mails
is in conflict with that instrument.
The first article of these amendments
provides that Congress shall make no law
respecting an establishment of religion, or
prohibiting the free exercise thereof, or
abidging the freedom Of speech or of the
press, &C. This article hardly covers the
case before us, though counsel contend
that the Federal postal statutes conflict
with IL in interfering with the freedom
of the press. We have heretofore had
something TO say on this subject. There
is much TO be said upon both sides. 1t
does seem that Congress hardly has the
right to decide beforehand and without
seeing that the mail matter that the
Louisiana lottery is loadiag down tho
mails with is immoral matter. And OF
course Congress denies that 1T has done so.
As there were no railroads and steam
boats when the Federal Constitution was
framed and yet everybody comedies that
railroads and steamboats, may be used in
transporting the mails, 30 the power TO
establish post-ofices and post-roads may
be held TO authorize oil the legislation
upon the subject of postal facilities which
the necessities of the case and the de-
mands of modern civilization may render
necessary. Mr.. TAYLoR, OF counsel for the
lottery, conceded that the power Of Con-
Cress over the subject was plenary, but
was subject to the restrictions of the Fed
eral Constitution. The truth of this pro-
position will hardly be denied by the coun-
sci for the Government, the very question
10 be decided being what those restric-
tions are.
Mr.. MAuRY, for the Government, con-
tended that Congress had full power in the
premises. His contention goes to the ex-
tent, as we understand il, of maintaining
that Congress may by law admit what 1t
will to and exclude what il will from the
Government mails.
After all the arguments shall have been
heard the Supreme Court will decide the
questions at issue, and everybody will
aoauiesce and be glad that one more fun
damental principle is settled.
The Tennessee case involving the right
of man to rest on Saturday and work on
his farm on Sunday strikes us as being a
very difficult one 20 decide. The first
article Of amendments to the Federal Con-
stitution seems to us to cover the case or
ut any rate to come very near doing 50.
Perhaps 1t is the spirit of that article
rather than its words which seems 10 pro-
tect a seventh-day Christian in the right
20 labor on Sunday and keep Saturday as
O day Of rest. His case is the case of all
the Jews in the land. Surely the first
rticle Of amendments protects them in
the right 20 keep Saturday as day of rest
and TO work on Sunday.
There are other cases before the Su-
pfeme Court involving oldquestons which
have never been decided by that court,
and can never be considered as settled I'M
I'll 1t has decided them II is a pity that
the Supreme Bench has not more Demo-
Gratis upon it-not Democratic partisRns,
bat men who hold to a strict construction
of the Federal Constitution.