Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-04-30
Lottery Case HsaIiog Postponed by
tbs Unitsd States eupysws Court.

WASHINGTON, April 20 The hearing
in the lottery cases before the United
States Supreme coutt postponed to the Oc.
tobef term in order that the arguments
might be heard BY the full bench. Coun-
rei both for the lottery company and TO,
the government had filed their briefs aud
were prepared to 60 on with the argument.
The contentious in opposition to the consti.
tutional.ty Of the law were, in brief. that
the power vested in Congress to establish
posto fiices and post roads 10 limited by the
first amendment forbidding abridg.
ment of speech or the press
that the anti-lo,tery act abridges
this freedom Of the press and 10 uncons.itu-
tional because il makes Congress, ard no,
a jury, The judge Of the criminaiity Of the
suojsct ma er Of . publication. and does
lot flrat require hat jury rhall, ~ in the
case Of obscene ma ar. flnd tte publication
immoral as . necessr-y to conviction, aud
that the sctis moreover An attempt on the
psrt Of Congress to TO pervert ore Of its
legitimate powers to an illegit.ma,e end ~
to accomplish purpose entirely outside Of
Federal jurisdiction, viz, the suppression
Of lotteries within stste.
Assistant Attorney General Maury, who
prepared the brief for the United States, in
his argument f,kes the ground that the
rieh. to establish postal system, granted
Congress by the constitution, gives Con-
g-ess power to make aud shape tnat service
according to its own will. This provision,
he says, did not convey power to regulate
something slseady existing, like commerce,
but gave authority to "create" thing, that
power beingcommitsed to Congress withou,
fessfvA on or publication. Assuming that
the contention Of his opponents that postal
legislstion must be strictly confiaed
t6 laws necessary ard proper for the
mere carrying aud distribution Of the
msils 10 correct, Mr.. MauYy asks or
whss ground can the Tracking priv.
iiege or ,ha act passed BY the second
Congress, giving each Newspaper publisher
the right to tend free one paper . every
other publisher, be justified. Neither il
ne necessary to the carrying Of the mails. and
these lass, Mr.. MAusy maintsins, show thsl
Congress has rever, from the beginning
down, recognized any such Limitation Of itl
pove-s - 10 nov contended for. Congress
might absolutely exclude newspapers from
The mails, bnt that would not constitute %
abfidgement Of the liberty Of the press
Ahc Wuoic oUuJ cCt ~ BbIc ia bUc uouue VI
the people" says the brief, sand they will
be quick enough to take alarm at the firs
approach Of danger, without listening TO,
the slcgsn Of this new sentinel Of liberty
The Louisiana Lottery Company"
Mr.. Maury next takes up the argument
thst the acs is sn attempt to suppress
lotteries within . state. and therefore be.
yond the jurisdiction Of Congress. Ill
denies thst one OF the dir.ct objects Of q 4
lsai.latr, IN 10 to disfavor or suppress lot
ieIies. The direct and only object tt
which Corgress looks, he holds, is thu
purgirg OF the mails. and ths: all the res
is Indirect and const qusptiai Mr.. Maury
maintains that the power Of Cor g-ess ove
the msils 10 similar TO the police powers Of
the states. and tbst there Is no limit placed
on either power except its sbuse, which shs
courts are as hard to remedy, and shst 1t il
not case Of abuse when Congress cleanse
the mails Of the seductive, coiruptins
| lottery advertise ments that are more terri
BILE in their effects than pesiilepce.