The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-04-28
FIGHT OF THE LOTTERY.
THE COURT REFUSES TO HEAR THE
ARGUM aNTS AT ONCE.

The Counsel for tho Papers and the
Company Anxious TO Get an Imme-
date Heerng-The Contentious in
Opposition to the Constitutionality
OF the Law-The Governments Posi-
ton.
WASHINGTON. April 27.-The attorneys
for the publishers of the New Orleans
States and Mobile Register and Louisiana
Lottery Company to-day made a vigorous
effort to prevent the postponemept of the
arguments in the cases against the news
paper publishers for the violation of the
Rnti-lottery act forbidding the circulation
through the mails of publications con-
tanning lottery advertisements. The
court was very much disinclined
to hear the case at this
time, owing to the illness OF Justice Brad.
ley. J. G. Carter Of New York made re-
quest that the cases go on as originally
ordered. He called attention to the posi-
tion in which the pOstponment would leave
his clients, newspapers with lottery adver-
tiSementS being excluded from the mails
pending a decision. Under the circum-
stances he thought it his duty to call the
attention of the court to the Importance Of
having an early decision.
II the act were unconstitutional, it was a
most oppressive restriction which should be
removed. They were not unmindful of the
possibility of the court being equally divided
and reargument being necessary, but
thought it should be argued now, neverthe-
less. The chief justice was disincliued
to grant the request and finally
eaid the court would retire for consultation,
which it Immediately did. The govern
a
argument or pOstponement. and offered no
suggestions to the court. When the justices
returned the chief Justice announced the
postpOnement of the cases until the second
Monday OF next October.
BRIEFS PREVIOUSLY FILED.
The counsel for both the lottery company
and fer tho government had filed their
briefs in the supreme court and were pre-
pared to 60 on with the argument. The
contentious in opposition to the oonstitu-
tionality of the law had already been pub
lished IN the newspapers, having
been summarized by the junior ooun-
sci. IN brief they are that the
power vested in congress to establish post
offices and post roads IS limited by the first
amendment forbidding abridgment of
speech or the press; that the antl-lottery act
abridges this freedom Of the press
and is unconstitutional, because IL
makes congress and not a jury
the judge of the criminality of the
subject matter of publication, and does
not first require that the jury shall, as in
the case of obscene matter, find the pub
lication immoral as a necessary preliminary
to conviction; and that the act is moreover
an attempt on the part of congress to 50
prostituts one Of its legitimate powers TO
an illegitimate use3 as TO accomplish a pur>
pose entirely outside Of the federal jurisdic-
viz ba 80 ~,
state.
THE GOVERNMENTS BRIEF.
Assistant Attorney General Maury, who
prepared the brief for the United States in
his argument takes the ground that the
right to establish a postal system, granted
to congress by the constitution, gives con-
gress power to make or shape that service
according to it's own will This provision,
be says, did not convey power to regulate
something already existing, like
commerce. c" Ioroet.n but +b;d gave .o+ authority
being committed to congress without reser-
walton or qualification. Assuming that the
contention of his opponents that postal leg
islation must be strictly confined to laws
necessary and proper for the mere carrying
and distributing Of the mail is correct, Mr..
Maury asks on what ground can the frank
ing privilege or act passed by congress
giving each newspaper publisher the right
to send free one paper to every other pub
Usher, be justified. Neither is necessary to
the carrying of mails and these laws, Mr..
Maury maintains, shows that congress
never, from the beginning down,
recognized any such limitation on its
powers as is now contended for.
Congress might absolutely exclude news
papers from the mails. but that would not
constitute an abrldgemeat of the liberty of
ha yph anil 10 fa ,a
hands Of the people" says the brief. 'and
they will be quick enough to take alarm at
the first approach Of danger, without listen
ing for the slogan Of this new sentinel Of
liberty, the Louisiana Lottery Company.
OBJECT OF THE LAW.
Mr.. Maury next takes up the argument
that the aot is an attempt to suppress lot
teries within a state, and therefore beyond
the jurisdiction Of congress. He denies
that one Of the direct objects of legislation
is to disfavor or suppress lotteries. The
direct and only object to which congress
looks, he holds, is the purging Of the mails,
and that all the rest is indr ct and incon-
sequential. Mr.. Maury maintains that the
power Of congress over the mails is similar
to the police powers of the states, and
that there Is no limit placed on
either power, except its abuse. when
congress oleanses the mails of seductive cor
more terrible in their effects than a pesti-
lence. The attempt TO raise the cry that
this law abridges the freedom Of the press
and puts the palladium of liberty IN dam
ger is analogous, in Mr. Maury's opinion, to
The cry that the laws making it criminal to
carry concealed weapons are an infringe
ment of the constitutional right of the
people to keep and bear arms.
A VICTORY II LOUISIANA.
New ORLEANS, LA, April 27-At the
last session of the legislature. John A.
Morris and his associates made application
for the renewal Of the Louisiana State
Lottery charter for twenty five years, offer
ing to pay the state more than a million Of
dollars per Rnnum for the privilege.
The bill embodying the requisite
amendment to the constitution
known as the lottery amendment,
was adopted by two-thirds vote Of the
legislature, and by courtesy a copy OF the
act was eut to Gov. Nichols, who vetoed
it, although the friends Of the measure
argued that he had no right 70 DO so under
the constitution.
ORDERED PROMULGATED.
The Secretary Of State having refused to
promulgate the act Mr.. Morris and his
company applied for a mandamus compel,
ing him to uromulgats the proposed cons:i-
tutional amendment to be voted on by ths
people at the next general election. The
sunreme court to-day rendered decision in
"a v0r of tha lottery cOnvany Judga Wat.