Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-02-02
THE LAW Is GOOD
And Lottery Matter Cannot go
in the Mails.
so DECIDES THE SUPREME COURT

Gov. Boyd. also. Declared a Citizen of the
United states and Executive of Ne
braska-A Missouri Man TO Whom
Patrick ESan il Persona Non Grata-
Representative Hoar's Bill to Define
Postmasters' Tenure-The Behring Sea
Commission at work-omciai Notes.
WASHINGTON, Feb. 2-The supreme
court yesterday announced its decision
involving the validity Of the law prohibit
ing the transportation of lottery matter
By mail
In the case of application for discharge
by writ of habeas corpus from arrest for
alleged violation of an act OF congress. ap-
proved Sept. 70, 1880, entitled An act re
lsting to lotteries and for other purposes
the court said that the question for deter
mination relates to the constitutionality of
section 1884 of the revised statutes as
amended by that act (which gives the pos
tai authorities power to stop the transpor-
tation BY mail of any thing relating TO a
lottery. The writs of habeas corpus are
denied.
Makes a Distinction
Continuing the court the says:
1t is insisted that the express powers OF con-
gress are limited in their exercise TO the object
for which they were entrusted, and that in
order TO justify congress in exercising any in
cldental or implied powers 10 carry into effect
its express authority il must appear that there
Is some relation between the means employed
and the legitimate end. This Is true. bat while
the legitimate end OF the exercise OF the power
in question j 10 furnish mail facilities for the
people of the United States. il i also true that
mail facilities are not required TO be furnished
for every purpose.
The Transfer of Power Complete.
The states before the Union was formed
GOULD establish post offices and post roads and
in doing so could bring into play the police
power in the protection OF their citizens from
the use Of the means 50 provided for purposes
supposed TO exert a demOralizing influence
upon the people. When the power to establish
post Offices and post roads was ~1I.ren Tered to
the congress il WAS a complete power. and the
grant carried with il the right 10 exercis all
the powers which made that power effective.
Where They Make No Distinction.
The argument that there i a distinction be-
tween mals prohibta and rnala in Sc. and that
congress might fOI bid tie use Of the mails
in promotion Of such acts are universally
regarded as mala in 81, including all such
crimes as murder arson. burglary etc and
the oftense OF circulating obscene books and
papers. but cannot do so in respect Of other
matters which it might regard a. criminal or
immoral but which il has no power itself TO
prohibit. involves concession which i fatal
70 the contention of The petitioners. since 1t
would I've for congress TO determine what are
within and what without the rule: but We
think there i no room for sgch distinction
here, ana that it must be left 20 congress in the
exercise OF il discretion determine in What
manner it viii exercise IL power
Freedom of the Press Not Abridged.
Nor are we able 10 see that congress can BE
held in it, enactment 10 have abridged the free
dom OF the press The circulation of newSTa-
i INT
clines Itself To become an agent IN the circuls-
ton OF printed matter which it regards Is
injurious to the people. The freedom Of com
municstion is not abridged within the intent
and meaning OF the constitutional provisions
unless congress is absolutely destitute of any
discretion As 70 what shall or shall not be car
ried in the mails, and compelled arbitrarily 10
assist in the dissemination Of matters con-
demned By its judgment through the govern
mental agencies which il controls