St. Paul daily globe., 1891-06-29
CONSTITUTIONAL

The supreme court of the United
States will, during its fall term. hand
down a decision in the case of Mr..
George W.'Dupre, one of the publishers
of the New Orleans States, leading
daily newspaper of that city, which
probably involves a greater number OF
Important legal propositions than were
ever presented for the consideration of
that tribunal.
1t is perhaps regretable that these
questions should come up Oh what many
nav carelessly view as side issue. MIR.
Dupre, relying upon the unconstitution-
atty of what is known as the Lottery
Act, and having chosen to ignore its
provisions, for which he was duly-and,
as he thinks, unlawfully-call to ac-
count, is now seeking the relief guaran-
ieed by the constitution in such a case.
10 MI. Dupre, therefore. it is not a
side issue. but all-lmportant, as indeed
must be such an issue to every citizen
which involves individual freedom, the
rights Of a sovereign state and the lib
arty of the press.
The most cursory examination of the
provisions of this act, entitled IAN act
TO amend certain sections of the Revised
Statutes relating to Lotteries and for
Dther purposes" demonstrates the ap-
propriatenesS of its title. 1t is an act
''for other purposes" and very many
other purposes indeed. The avOwed
object of the statute is to break up the
business of the Louisiana State Lottery
company, and if the trainers of this new
and certainly unprecedented legislation
had sought TO do this directly, honestly
and fairly, there could not be any rea-
sonable objection to the character OF the
attempt. The worst that could have been
said of such Legislation is that 1t was
nugatory. you shan't run lottery"
Uncle Sam would cry, to which Louisiana
would not unnaturally reply, IL shall" !"
And here the matter would rest until
Louisiana was ready, of her own ac-
cord, to agree with her sister states.
For there is no principle of law better
established than that the general gov
ernment has no power to declare any
acts committed within the borders of
sovereign state other than those which
are committed in direct contraventiOn
of the special powers lodged by the con-
stitution in the general government.
1t is for the State exclusively to de-
clare what is lawful or unlawful in the
way of lotteries. just as it is IFS prerOga-
tive to establish high license or prohibit
ton, or to enforce Or not enforce, as the
case may be. a Sunday law.
The trainers of the Statute knew this
perfectly well. and they have attempted
to do by indirection what they have no
right to do at all. They have sought to
lodge in the Postoffice Department
powers wholly superior to the constitu-
a 10 nf ofnG no
tribunals for its enforcement. But the
Statute goes even further; it expressly
authorizes the pettiest postmaster, nay,
eggs him on, to commit acts which
would, without the protection of the
Statute. constitute otfenses of the gray
tSt and most ineXcusable character.
These acts he is not only encouraged,
but commanded, to commit OH all oc-
eaSOuS which may seem fit to his own
good pleasure. 1t confers, therefore,
upon this mere SOrter of letters and de-
liVerer OF mails more authority than that
claimed by the Supreme Court of his own
State, the President Of the United States
and his entire Cabinet-always except
ing, of course, his chief, the Postma- ter
General. 1t puts him wholly outside of
the law, makes him totally irresponsible
even to his own conscience and common
oOHSS, anu. W cap tue ClliudA VI dU-
Burdities, places the liberty of the press,
without which our present form of gov
ernment might as we'll be abandoned,
completely at his mercy.
These propositions are startling, but
true, and being true, they are worth the
careful attention of every citizen who
observes the signs of the times. Fort
unately, it is not conceivable that the
Supreme Court will, or can, give effect
to them. However desirable may be
the end in view, it surely cannot be
worth attaining at the expense of liberty
and justice. Yet this is. in exact terms,
the issue involved.
1t requires no special knowledge or
legal training to detect the vice of such
legislation. Like all arbitrary and des-
potic enactments, it puts might above
right, and JustifieS the unlawful means
it is compelled to employ by the con-
ceived desirability of the end it seeks to
attain.
Take section 1894 of the Statute.
of this section" (Which makes the
mere mailing of a letter, or in
fact, any mail matter having the
remotest connection with the bus-
ness of the Lottery Company, misde-
meanor). may be proceeded against by
information or Indictment"
This section has at least one merritt
recognizes the forms of laws if, at the
same time, it does trample upon the
constitution. 1t presupposes a regular
proceeding OF some kind, trial by jury
with all the regular incidents of such a
trial. However, it is wholly unconsti-
tutional, and, upon analysis, absurd.
The state of Louisiana, and indeed any
Individual or company, is debarred
by law from maintaining a mail
service OF her own, yet the gen
eral government, not only COM
mon carrier, but an exclusive COM
mon carrier, declines TO accept the mail
matter of one state because in other
states it is declared contraband In
stead of being neutral in the matter,
and permitting the states to settle their
own differences, the government seeks
TO lmprlson or terroriZe those who at
tempt to make it do its plain duty, which
is, to 90 for all the states (and not for
any chosen number of them) what sew
orally they cannot do SO we'll for them
selves. provide safe, speedy and trust
worthy service unimpaired by such
star chamber restrictions as those now
being enforced.
But if the denial of nail facilities to
the press and the public because of diff
ferences OF opinion with regard to the
new distinctions in morality arising be-
tween the several states be depriva-
tion OF the rights of the state as declared
by the law and the constitution, what
shall we say of section 1929, which au-
thorizes the postmaster general upon
evidence Satisfactory to himself" we
quote and italicise the clause. to IN
struct his postmasters to stamp with the
word Fraudulent" letters which he
thinks fail within the provisions of
this very act.
Whatever has been said of the Louis
lana State Lottery Company, its worst
enemies have never claimed it to be
"Fraudulent." The good faith of the
Company has never been called in ques-
ton. Even those newspapers which
have taken exception to its existence
have never denied the honesty of its
methods nor of the gentlemen-such
men as General Beauregard and Early
are among them-who have superin-
tended the drawings.
The ffamers of the Statute knew this