Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-09-18
THE LOTTERY LAW.
Attorney General Miller Main
tains Its Validity.
EXAMPLE RoNoRED IN THE BREACH

Ancient Morality Not Up to the Modern
standard-The Legal Aspect of the
Matter Discussed-A Bill Proposed by
the Farmers AIliance-Their Claim on
yance-The New Collector at Gotham
-Perfdious AIbion's Alleged scheme
"A Crooked Vet.
WASHINGTON, Sept. 1S-Attorney Gen
eral Miller has filed in the supreme court
of the United States his reply to briefs
filed by counsel for j. L. Rapier and
George W. Dupre, representing the Louis
lana Lottery company. He maintains the
constitutionality of the anti-lottery law
In the course of his argument he says:
~Much stress is laid on the fact that Louis
XIV, George Washington, and even
preachers of the gospel have in times past
believed in and profited by lotteries. He
might have added that persons no less IL
lustrious and worthy, contemporaries Of
these same men, in France England, and
in this country, believed in and encourag ed
the use of the holy inquisition and the
burning of heretics, Quakers and witches,
in the interest of pure aad undefil ID
religion; yet, it Will hardly do TO insist
that the government of the United STATE :,
would, therefore. be bound to lend its aid
to such pract ices. in the interest of con-
stitutional liberty, if an attempt were
made to revive them now
The Pith of the Argument.
In conclusion he says: Each of the petit
tioners is seeking discharge from arrest,
under indictment or information, for iIle-
gally depositing unavailable matter in the
mails Whether the law by II 5 terms au-
thorizes the postal officials to throw out
matter deemed to be unavailable, and
whether 1t Is competent for congress TO
authorize such action by the postoffice of
metals, are questions not involved in any
OF these cases. Nor does it seem to me
that they are cases in which, if the law
were found to be invalid in that part, it
would necessarily De invalid under the de-
cisions of this court in its entirety NV
understanding is that the decisions, not
only of this court but generally, hold only
that where number of acts are desig-
mated in the statute a constituting a par
ticular crime, and as to some of such acts
the legislation is unauthorized, the courts
cannot be required to select out such acts
as are within the authority of the legis-
lature and enforce the laws as to them,
rejecting II as to the others.
Each Provision Stands or Falls Alone,
Il think no decision will be found
wherein 1t Is held that if an act defines
different offenses and provides for their
punishment, the fact that as TO one of the
offenses the legislation was unauthorized
renders the entire legislation invalid.
And So if the act defines and prescribes a
punishment for an OfTense, the fact that
it also, independently of such provision,
imposes duties on officers which are IN
authorized by the constitution, is imma-
terlal. IL am correct in this discrimina-
ton then the provision for the punish
ment OF mailing unavailable matter is in
no way dependent upon those prescribing
duties of postoffice officials in relation to
such matters, but each may stand or fall
independently of the other