Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-11-17
lNTI-LOTTERY
-,s QUESTION OR THE FREEDOM OF
'o THs PRESS INVOLVED
.,,.at Tn the supreme Court For and
." ..,,st tho Govsramsnt's Position
constitutional Limitations.
lnr ,.I.rrapA . the pspA.ch.l

NV feieCfNpA 70 tnt Utepatch.1
w..,rxoros. ID. c., November ls.--Argu-
-. begun Ia the United States Su-
hs-' Court to-day Ia the an,i-lottery
p, N which the conshtEtionality OF
g. ,ecsnt auti-lottery law Is involved.
e.. ~ ,yi,s cane up in the form Of applica-
80, from John n. Rapier, publisher OF
~ Mobile Register, and George W. Dupre.
,V.her ~ of the Kew Orleans ssdiss, for
~ A4bsas corpus, they having been
s,.,.8 of a violation Of the law pro.
illss..,;,g the sending through the mails OF
L.y..e L....s.,aners containing lottery advertise
l,is Counsel have already submitted
t..E giving the line Of argument and
- AVE been published 10 the press.
THE ABGUNExr.
u,rnis TAYLOR opened the case for Ra-
=, RE said that now, for the Grst time
y ,ie history of the republic, the pub
Esbor of an American newspaper sought
~ nrotection of the Supreme Court
.-.fpst what no asserted was an unlawful
,ttempt 20 abridge his rights upon the
-, ~ Congress. But since the freedom
.f,bs press had been assailed IN moment
u stc'temeut by measure which had no
.,seedsnt ia American Legislation. he ask
Etbe Court 10 settle the question in itS
T,lecss and sor all tune. The essumption
20 III. act was that there was vested IN
T-...,esq a censorship by which 10 might
Isicymine beforehand what O newspaper
1sssine through the mails might or might
~ contain He would conoede that the
r0wer " Congress over the mails
- rlsnaTv. but 10 was subject to the
,..,r'ri.ops of tho Constitution. The first
a4lsudmeuts embodied constitutional
iTitaiisns upon the Federal power IN
f,yor OF fundamental rights, OF which one
,s-. the freedom of the press aud 10y the
fr.t amendment Congress was denied the
.,It RI lupnse upon the American press
~ restraints in addition 10 those which
a, ne time oC its adoption were imposed
Ir tte law Of criminal libel. Under that
.1o.frgrtion lottery advertisements could
~. excluded. Moreover, the question
,,th, inmoraliiv of lotteries was iudi-
r',' ,lI ,iion. and Congress had usurped
function which did not belong TO y.
inns tsct was sttiknglv shown when the
sntllortsrv law and -mail-metter
law. In which iury'sYordict was required.
were compared
THE GOVERNMENTS SIDE.
Tho case for the Government was open
Al Lv William A. Maury, Assistant AttoT-
nov. General. He argued that the cousti-
,,tiopN provision by which the creation
and maintenance Of postal facilities was
Ssstel m Congress gave that body power
a. welo and shape those facilities ut It's
vii How far that power was subject TO
otbcr constitutional provisions he would
spbscqnently consider, conhning himself
AZ rroseni 20 the contention that the lcgis-
lati5n was void. because not necessary and
proper 10 the carrying OF the mails. The
Corsltution was perfectly silent as 70
chat sort of service was 10 be established,
anil left il wholly 20 the legislative discre-
non. Congress had the right TO say what
was and what was not mail-matter. 20 ex-
clule newspapers from entry, or to admit
them 20 the mails on any terms IL deemed
reasonable.
AIoMcE POWER
over the mails. Mr.. Maury further con-
tended resided in the General Govern
ugrt which aad in this respect powers
ltethe police powers of the States. Oth-
erw.se a failure OF government would 5e
rrJluced. Congress, he maintained. was
not suppressing or disfavOring lotteries.
INF uuyring the mails. Every State in the
Union except Louisiana had an anti-iottery
Law and the Constitution did rot make
,he Government supine and inert and an
rgstrumept for tho corruptlon OF the
r,.r,l. of the people OF all the States
Oh, Constitution had taken away from the
States fragment of their police powers,
a,j tins power il had vested in Congress,
fr1 given it entire control Of the mails,
With the same police powers thereoYer
tat the States would have had.
N nTHALT or DuPHg.
NJ. 2. q. Carter, OF New York, who toi-
lowed in behalf of Dupre. SAID he laDorsd
,ndrr some disadvantages because ne
could not say anything about lotteries
themselves. which had IN other days been
'la favorite wav Of raising money for al
sorts Of beneicent purposes, because, u
vsuld be said he was entering on an irreie-
ylgt discussion. There had been great
,a1or ON the subject, but he felt that his
lie had satisfied the Court that its view
~ the Constitution wns right, and that TINS
Court would De able TO stand above the
lopl voice Of public clamor and execute
n high Office OF declaring TO present and
future times the meaning OF the Constltu,
ton. under which alone our liberties stood
recure.
UNUSUAL PowRRs.
He called attention first TO the unusual
lowers the lottery act gave postmasters OF
refusing 70 deliver matter TO lottery pro-
rr.ctors or agents for the purpose OF SHOW
iug the spirit Of the law and how 1t par
took OF despotism. OF course, Congress
had nowor 10 regulate the mails. but the
regulation must DO necessary and proper,
ana whether any law was necessary or
proper was q judicial question. A formula
for determining such questions had been
laid down by Chief-Justice Marshall wben
lo ruled that the means must be conducive
10 the end, and as the exclusion OF lottery
Advertisements was not means conduclve
10 the rapid safe, or necessary conduct OF
the mails il was contrary TO law. OF course
Congress could exclude infection and pol
son. Ii would naturally in regulating the
mails see that the health of those handling
them was not injured. Tried by any test
the end in view by Congress was the sup
rrcssion or disfavOring of lotteries, and he
asserted that Congress had no right 10 uso
is power over the mails 20 bring about
this end.
A"sPAT.n
Justice Field inquired if Congress sought
20 break down the lotteries.
Mr.. Carter declared that the sole obJect
was 10 put obstacles in the way. OF con-
Quoting the lottery business. IL had been
SO openly ayowed in Congress and was so
ayowed here.
Attorney General Miller, when this last
statement was made. interrupted the
speaker with DENIAL that such an aVoWai
had been made by Government counsel.
Mr. Carter retorted: Then, why has IT
been argued that lotteries are 9 netarious
business, and why have the police powers
OF the State been invokedf
While MIR. Carter was arguing on tnls
banch of the case an Adjournment was
taken until tomorrow.
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AGAINST FoRe-oRDINATioN.