New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-09-18
4 BRIEF AGAINsT THE LOTTERY.
ATTORNEY GENERAL AnLLER's ARGUMENT TO BE
MADE NEXT MONTH.

ATTORNEY GENERAL MILLER's ARGUMENT TO BE
MADE NEXT MONTH
Washington. Sept 1.-THE case of the United
states against John L. Raper and the two cases OF
the United States against George W. Dupre viii come
no for argument at the October term OF the supreme
Court Each Is an application for the discharge 10y
writ OF habeas corpus, from arrest lot IN @n0se"
violation of the AnhLottery law. One charge was
the mailing Of a newspaper containing an advertise
ment Of the Louisiana Lottery and the other for the
mailing of letter concerning the lottery Attorney
Genernl Miller begins his brief by saying that nearly
fifteen wears ago the same question was
unanimously decided by the Supreme Court
since that time the principle Of that dc
cslon has been accepted the settled law
The entire arguments of the appellants assume that
the ref al of the General Government to be the insr
mentality for the circulation Of lottery literature is the
same thing as forbiddng tho publication or circulation
of such literature They ignore the fact that the sole
effect Of the act is that the General Government shall
not aid this business The argument Of the hrst niteen
pages Carter's brief the Attorney General
eliminates in tho proposition that because Congress
has no power directly to deal with particular crime
within of tho States therefore 1t cannot deny those
engaged In the preparation Of that crime the use OF
the mails because that would be doing indirectly what
might not be done directly. What becomes or the
principle that Congress cannot enact laws that ind-
rccty touch offences they could not punish directly
1t would seem hardly worth while to spend time upon
an argument resting upon such assumption.
With reference the contention that the only plauS
ble defence OF the lottery legislation Is that the
lottery is alleged to be Of immoral and injurious
tendency the Attorney General says that in doing this
Mr.. Carter again assumes that inasmuch as Con-
gress cannot pass law directly suppressng lotteries
therefore 1t cannot indirectly and therefore it must aid
them. This position Is untenable because 1t is con-
ceded that Congress may refuse the of the mails
70 riniO In
the District OF Columbia or the Territories, it may
refuse directly or indirectly, to aid, I'm any State
without violating any obligation. Congress has
broad direction to whether 1t shall act at all, and
II So wn and to what extent and for what purposes
The Attorney General then argues that Congress has
the undoubted right to legslae for the common good
The second main proposition Of Mr.. Carriers BRIEF
SAYS the Attorney is that the lottery statute
is unconstitutional because 1t is law a5ridglng the
freedom Of the press He submits that no question
under the first amendment OF the Constitution Is In
issue until statute shall be passed forbidcing, not
merely the circulation Of papers through the mails but
through any agency whatever The real Issue Is
whether the United States Government is compelled to
become the agent Of this lottery company.
Congress does its whole duty by the press when 1t
fails TO put any restriction upon the printing, pub
caton circulation thereof through private agencies
The brief in conclusion, says that the question
petitioners counsel assume is not so broad as Is
claimed Whether the law authorizes Ihe 1oslS'
officials to throw out matter deemed TO be unavailable.
and whether it IS competent for Congress to authorize
this are questions not involved. Nor are they cases
I'm which, If the law is found to be invalid in that
particular it would necessarily be invalid under the
decisions of this court, In its entirety He thinks
no decision will be found wherein IL is held that II an
act defines different offences and provides for their
punishment the fact that TO Of the Offences the
legislation unauthorized, renders the entire egs-
latiOn invalid. A.,
| This brief Is intended to be supplemental TO the
brief of Assistant Attorney General Maury. and not
a complete presentation of the case.