The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-18
LOTTERIES AND THE MAILS.
VAS TEE FHDKRAL GOVERNMENT zHn
RI0HT 10 INTERFkRES

Mr.. Carter ArEues nefess ths Supreme
Court thst II Hssa't asa thas the New
10 Abridsss the Liberty Of the Press
Auorrey.G General KILLERS Arxuns.A
WARRINGTON. Nov. 1.-THE argument Of the
.,t,.lottery cases was resumed In the United
states Supreme Court to-day By Mr.. J. q Oar
az ~ New York. He made the point that
.hs,e was difference between things .nsia In
:. ar which all conceded 10 DO crimsa. and
.h,nes nata prohibits. which Legislatures
light declare to be offences. Congress might
10 ali in It's power to disfavor those things con-
seded to be crimes at the time Of the adoption
osthe Constitution. but Il was for the States 10
n.ss upon the other class IN tho exercise Of
chair police power. N Was not pcssibls that
undsr our form Of government the Federal
ment should. In the exercise Of police
nover. declare thing 10 BE- an offence which .
st.te said was not, and thus bring about .
conflict Of police powers. The slave States
~onld never have agreed to such an invasion
a, their police powers and have left II 10 Con-
Srsss TO come within their borders and sssh
a. suppress or disfavor slavery.
Jusdce Gray-whAt should you ssy II al
N. States By law prohibited lottsriesf
M. Csrter-I should still think Congress
~.s not It liberty TO disiavor them unless that
prohibition had lasted for . generation and al
boue q lotteries being renewed had sona
would .d%ta that thers y might b an advance
ocsicn would you reapirsf
az I Is opposed. you cannot pass such & isW.
jnstice Harlan made an inquiry - 20 what
H. Carter had 70 ss A sSSut bout. FssTlaten Of Oh.
n H. Carter S1 in response s.id y nsse hs..
been agreed a. the =, sdopsiOI q shs 0onstdtu;;
r.. x SSdn turn upon whssSsr tSs ":
80 tRat sRsps w a
Jusses BRADLEY called ssssnton to the fast
s, se Gsanse sas aSa hl tssrs
notbs to sns a,fsa e any mall
DO you get TIE right q the postal reHuirements
sr sr T. s. spa distinguishing It from mat
Mr. Carter said hs got the power from the
himself As h ne az
sh sedton Or p1 mo- WHAT vas meant
is s Ct e sa : y lee 5
tho adoption Of the Constitution. In all other
matters except lotteries the jury was the de-
Seoas but Rsrs e nethns M
Sert,sement and had been deposited Ia the
Was ss for The a ase e
say whether IL was obscene.
In 5 Sss ne the sr
immoral, was taken from the jury: Where would
the stop be made ifthts step be taken2 Might
t hse guGt be- deprived o. mail fsciifnesi
course E sss SrdisssfS %eSs 4 sisssibst!ss
Succeed ee and there would Be no such thing a.
bs % q se sns n o
mailing q protection Or Tree trade articles.
the act sae @ @ and
the to rsnss delivery letters
him that the greatest lawyer, at the American
sa aHSS 6Gss sss RP s IT,
ff reg n ana
fSts Purely sss nss ss sas
asa7e,Ss sss Il IT, ssSss SSS
thought all fSss this law said t to fo1 1E n
W'ts. VIC WILL uOt uolp you III Carrying
on the lottery business BY enabling you.
through all the other States Of the Union"
suppose Congress. IN case Of yellow fever in
Louisiana, policed the mails. not to project the
mail agents. but the people,, would It be said
that they were usurping IouisisnA'e police
Louisiana n aye Yellow feyerf H lie maintsined there
was no warrant Of law for this doctrine Of .
difference between npala In sc and maia prohib-
ia. and that things under one head might be
excluded and the other not excluded.
He contended that there was 3 distinction
bidding publication. Congress had full power
over the mails and might refuse its privileges
to newspapers without interfering with the
freedom OF printing, lust rs 1t might refuse the
privileges Of court houses as audience rooms
without abridging freedom OF speech.
:, In reply to n question from Justice Bradley
the Attorney General affirmed the right Of
Congress under its postal authority to prevent
lottery mail TRANSFORMATION within the State
itself. It was not interfering with the States
business but denying II the assistance Of
Federal facilities.
:, The ease wa. closed By Mr.. Thomas J.
phasized some OF the points made by Mr.. Car
Ter. and also argued that the lottery eystom
was part NJ the fiscal system Of Louisiana,
end that Congress could not interfere with the
otateS revenue. o.
IEnrnnD axunr,~r n<r~r