The times. (Owosso, Mich.) 1882-1897, 1892-02-05
THE LAW rs GOOD
And Lottery Matter Cannot 60
in the Mails.
so DECIDES THE SUPREME COURT.

Gov. Boyd, also, Declared u Citizen of the
United States and Executive OF Me-
braska-A Missouri Man to Whom
Patrick Egan Is Persona Non Grata.
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. 10, 1890, entitled "An act re-
lating to lotteries and for other purposes,
the court said that the question for deter
mination relates to the constitutionalitv 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 n Distinction.
Continuing the court the says:
It is insi ted that the express powers of con-
gress are limited in their exercise to the object
for which they were entrusted, and that in
OTucT 10 JUSTLY COL eSS III oxtTClSlnR any IN
cidental or implied powers to carry into effect
its express authority it must appear that there
Ia some relation between the means employed
and the legitimate end. This is true, but while
the legitimate end of the exercise of the power
In question is to furnish mail facilities for the
people Of the United States, it is also true that
mail facilities are not required to be furnished
for every purpose.
Tho Transfer OF Power Complete.
L.. III
could 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 so provided for purposes
supposed to exert demoralizing influence
upon the people When the power to establish
post offices and post roads was surrendered to
the congress it was complete power, and tho
grant carried with 1t the right to exercise all
the powers which made that power effective.
Where They Make No Distinction.
The argument that there is a distinction b.
tween mala prohibita and mala in SO. and that
congress might forbid the use of the mails
in promotion of such acts as are universally
regarded as mala in sc, including all such
crimes as murder, arson, burglary, etc, and
the offense of circulating obscene books and
papers, but cannot do so in respect of other
matters which it might regard criminal or
immoral but which it has no power itself to
prohibit, involves concession which Is fatal
to the contention OF the petitioners, since Is
would be for congress to determine what are
within and what without the rule; but we
think there is no room for such a distinction
here, and that it must be left to congress in the
exercise of its discretion to determine in what
manner it will exercise its power.
Freedom of the Press Not Abridged.
Nor are we able to see that congress can b
held in its enactment to have abridged the free
dom of tho press. The circulation of newspa-
i'll
clines itself to become an agent in the circula-
ton of printed matter which il regards as
injurious to the people. The freedom of COM
munication is not abridged within the intent
and meaning of the constitutional provision 8
unless congress Is absolutely destitute of any
discretion as to what shall or shall not be car
ried in the malls, and compelled arbitrarily to
assist in the dissemination of matters con-
demned by its Judgment through the govern
mental agencies which il controls.