Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-11-17
PRESS PRIVILEGES.
its Rights Discussed Before the
Supreme Court.
ARGUMENT IN THE LOTTERY CASES.

New Orleans Newspapers Insist on the
Right to Print Advertisements
of the Lawyers Secretary Foster
States the Law About Publishing Cuts
of Coined Noney-A Civil Service Re-
form Case in Court-Howgate's Bonas-
man Muictnd in sI15,ooO-Notes from
the National Capital.
WASHINGTON, Nov 17.-Argument in
the cases involving the constitutionality
OF the anti-lottery law began in the SUI
preme court of the United States yester-
day. The cases are those of John l.. RAJ
pier, of the Mobile Register, and George
w. Dupree, of the New Orleans States,
who were arrested on the charge or depos-
iting in the mails newspapers containing
lottery advertisement, and Dapree was
charged also with depositing in the mails
letter containing the advertisement.
The cases came to the supreme court on
applications for writs of habeas corpus
and certiorari.
The Petitioners Contention.
Mr.. p. Taylor, attorney for Rapier,
open the case on behalf of the petitioner.
In the limited time at his disposal he re-
press, leading up to his main contention
that the anti-lottery law, in interfering
with the freedom of speech granted news
papers and other publications by the fed
eral court, is unconstitutional. 1t has
been recognized. he said, that the very
essence of the freedom of the press, which
the first amendment to the constitution
guarantees. Is the right Of circulation
not along the highways of CONNER over
which congress could not possibly exer
else any control ia this regard-but along
the great highway of the mail, the only
highway which the government main
tains and controls.
Newspapers Not Merchandise.
The first amendment, together with
eleven which follow it, had been declared
by the supreme court to contain limita-
tions. not upon powers which tae federal
government never possessed, but upon
powers actually vested in it by the con-
stitution in its original form. The only
power thus vested whose exercise could
possibly abridge the freedom of the press
is the power to regulate the mails: to that
power only could the freedom of the press
clause of the first amendment apply IL
that be true, he argued, then the very
nssence Of the freedom which the first
amendment guarantees is the irrevocable
right OF all newspapers to circulate
through the mails, subject only to such
implied restrictions as that amendment
embodies. In view of this right to circu-
late through the mails, it was idle to con-
tend that they stood on the same plane
with merchandise, which was entitled to
no protection.
Advertisements and Editorials.
Following up his conclusions in arguing
that advertisements are a vital part of q
newspaper, Mr. Taylor said that nothing
was better settled in the law of the press
the law OF libel-than the fact that ad-
refreshments were vital part of news
paper which stood upon the same footing
with every other part. The power he
added, which could dictate what adver-
tisemeIts a newspaper should contain.
could dictate what editorials it should
contain. The distinction attempted ny
the government had no basis either in
reason or authority.