Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-11-18
THE LOTTERY CASES.
ARGUMENT CONTINUED 5Y MR. CAR
TERANo THE EATToRNsY-eENERAL.
The Close Made by Thomas .. semmes'
Of New York-statns Of the
Cases-A Test.
lBr telegraph . the pIgpatch.l J

tBy telegraph to the Dlspatchl
WASHINGTON, ID. O., November 1.-THE
argument in the anti-lottery cases was re-
sumed in the United States Supreme Court
to-day by Mr.. J. O. Carter, Of New York,
who made the point that there was dt-
ference between things mdla IN 81, or which
oil conceded to be crimes, and things Dsdld
prOhibitd, which legislatures might declare
to'be offences. Congress might Co all IN
its power 10 disfavor those things con-
oeded TO be crimes at the time, OF
the adoption of the Constitution, but
Il was for the states 70 pass upon
the other class In the exercise OF the
police powers. It was not possible that un-
der our form Of government the Federal 6oyerh-
ment should In the exercise OF police power ue-
clare thing 70 DO an offence Wiich sts'o stal
was not, aud thus bring about connict OF ponce
powers. The slave States would never nave
agreed 70 such an invasion OF their police powers
and have left Il 10 Congress 10 come Wtthin @ tne,s
borders and seek % suppress or disfayor slavery
Justice Gray What should you say II AL tno
States by law prohibited lOtteresT
Mr. Carter / should stlll think Congress was
not at liberty to dsiavor them unless thst pr
hibition had lasted for a generation and All hops
OF lotteries being renewed had gone. he Noul9
admit that thero might be an advancement Oh
the doctrine Of yHGLa IN 90.
JUSTICE BrOMns now uluIA ANA9oAA2Ao Va W.
ion would you rGquireG
Mr.. Carter: Universal; universal. A5 long as
a single State Is opposed yon cannot pass sucn .
law.
Carter had 70 say about the regulation as TO o0-
scene mail matter, and what II lOtteries Were
made a crime.
agreed az the time Of the adoption Of the Con-
stituti0n that obscene matter should pc pre-
| vented from carriage through the mails. 70
! lygamY, etc, would turn upon whether me prac-
/ tcs was so clearly stamped as criminal IN the
! laws OK usages that there was universal agree
ment TO stigmatize it as a crime.
Justice Bradley called attention % the teCt
| that in England, from the laws ond history oi
which country hr. Carter haq QuVteI' there WI WI
nothing 10 prevent the carriage Of any mai
matter yhhteyer and asked "If th0re be no
example in the institutions u England, where ao
/ YOU get the right OF the postal requirements 10
this country 70 prohibit me maiilhg oi nasye,
nsais IN se, and distinguishing u rom ulueren'
/ M. Carter said he got the power from the
| sovereign power VI the Governments IN the lli,
piled assent Of the people that they might use u
where it did not come 10 contact with the police
| power OF tho State.
THE FREEDOM OF THE PREss.
| Mr. Carter then addressed himself 10 tho pro
position that the law was Al Invasion Of the Tree
| dom OF tho press. That freedom DID not lnpl
4 the right TO publish seditiOn or immortality
| what Was meant was a measure Of freedom sub
feet 70 the restrictions understood 70 exist az IN
| time Of the adoption Of the Constitution. a. Ia el
| other matters except lotteries Jury was the ae
| termining element as 20 whether tho matter wa
| IbelOus, but here th0re was nothing leh foI th'
| iury except that the matter vas lottery adYer
| tlsement and had been deposited In the mails
| Obscene matter vas nldid IN % under the com
| mon Law, but still it was left Tor m
Jury 70 say whether 10 was obscene. II
| the present case, tho question Whother maUe
| was hostile % the GOyernment or immoral wa
taken from tho fury Who're would stop b.
made n this stop should be takenY Might TO
buck ket-shop OF Intoxicating liquor advertise
| ments DO prohibited? Abridging the circulation
and preventing the ordinary mode OF dlstrl
buting newspapers was abridging the freedom o
| tho press. This step once taken aud allowed =
| succeed, and there would be no such thing a
freedom OF tho press, and the newspapers WOll
be PROSTATE at the mercy OF consressiouhI y
| glslation, and Congress might preyout the mal
ing OF protection or free-trada articles. He the
| went into the provisions OF the anti-iottery &c
at considerable length, and the power gwen 7
refuse delivery OF letters addressed 70 lo'ter
TEE ATrORNEY-GEEERAL.
Attorney- General Miller in closing tor "a
( Government paid high compliment 10 tho SKI
and ability OF Mr.. Carter, whose argument n
| had listened 90 with unalOyed pleasure, Du
confessed that lt seemed ludicrous 70 him That th
greatest lawyer az the American bar should 10
| two hours. and apparently without CONSEQUENCES
| Of the fact that ne was trying 70 get away nor
1
| and which we're purely imaginary The onl
l7sectjOn OF tho lottery act Ia this case wa
. tho arst section, fOrbidding the mailing OF o
/, s.rs- a,fy3f.. .sr lnents n VAS nos a question
suppression or disfayOring lotteries In his oplt
, | ion Congress had the power 70 dlsfayor tnen
but no thought all that this law said 70 Loulsle.
was: ave will DOT help you In carrying on th
lottery business by enabling you thrOugh th
| mails 20 spread this infection through all "a
| other States OF tho Union" The difference D,
tween this case and slavery Was tha
slavery in tho slave States had recoi
| niZed constitutional guarantee. but even
there was a distinction between cOnnning
10 the states whore Il existed and Introducing
into other States. Suppose Congress, 10 case
, yellOWfeyer IN Louisiana, should proceed
| fumigate tho mails, not 20 protect the ma
agents, but the people, would it be said that the
. we're usurping Louisiana's police powers ana ur
lawfully seeking 70 dislayor LOUISIANA yeuor
I fever2 He maintained that thero vas TO va
4 rant Of law for this doctrine OF difference ~
tween 1ldia ~ 80 and Bldld pTohibttd ana thi
things under the one head might bo exclude
and under tho other not excluded.
Continuing he contended that there was dl
| tiuctlon between excluding frOm the mails an
fOrbIdding publication. Congress had full poWt
| over the mails and might refuse Its privileges
newspapers without interfering with tne re
. dom Of printing, iust as it might reilso Ihe pt
yiIege OF cOurt-hOuses as audience-roolps VIII
| out abrldglng the freedom Of speech. lie nd
| called the doctrine that there could not 90 an N
| vance I'm matters Hlata IN o.. a hundre
years and more ago undenled reugloh =
: duired the burning OF Quakers, for 81
ample; and II amounted 70 nothing 70 say Tx
! the founders Of tho Constitution favored lott
ries. lie had noticed that counsel had failed
show were the police power over tho mails W,
/, | lodged. It existed somewhere. The truth va
/, | this Government wBs a sovereignty among u
, | sOYereigns OF the earth, and had power Where
/ | was entrusted TO it as In tho mau provision
! | the Constitution. Otherwise there might
forty-four sOyereignties, each having dinerel
| law on this. 50 biect. And where had LOulsiar
the rigbt 20 spread It's poisonous lniectlon IN
| thOse States which declared against lotteries
| Where, n forty-fOur laws were made, would be
! harmonious and useful postal serYicesV
WITHIN TIE STATE TTsELF'
In reply 20 a question from Justice Bradley u
, AttOrney-GenerHl amrmed she flght OF S0hgre
: under its postal authority % prevent lottei
mail transportation within the state Itself
was not interfering with the States buslnos
but denying 1t the assistance OF Federal facl
. ties. Congress said: You can keep your 10
tery but not have the benefits OF this Union
! send your corruptng influences everywhere
| He believed Congress could say any matt
I Whatever should not DO carried in the malls, an
: that such a provision would be as supreme
| Louisiana as In the District OF Columbia.
Chief-Justice Fuller: In your view lt Wou
! mako no difference u all the States favored 10
0 The Attorney-Geaorsl: No, sir; except thi
: under such circumstances Congress would new
: THE case was closed by Thomas J. seinmes,
Q | New York, for hr. DuprO, who emphasized son
/. | of the points made BY hr. Carter and also .
| gued that the lottery system was part OF Il
q | nscal system OF Louisiana and that Congre
: | could NOT Interfere with the states revenue
| The case Is here on application for HdOeds eC
= | nus Dupre and Rnpier have been indicted, n
|, convicted, the case having been arranged 70 te
q the Law.
TENEMENTS AL AMF