New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-02
THE LOTTERY CASE DECIDED
CONsITTUTIONAIITY OF TIE LAW AZ
FIRNiED.
THE srrEENE COURT GIVE. THE DECISION. But

THE sl,rEFNE COURT GIVE. THE DECISION. BUT
posrroxEs ITS ELABORATE OPINION.
Wa. bi,rton Feb. 1.-The United state, supreme
Court today upheld the consitntonahty OF the recent
Arti.Iottery act 0. the a~' '"lsfN>' aWfNlhe TIE
-. =, ,be case OF Dcyne and Rap.cr. the p1b
,,ror q, The New orleans states and The Mobile
Toyi.,or > who were indicted on charges OF sending
~ tbo mails newspapers containing lottery ad-
..scmen,s By common consent the cases wcrc made
,ost nit As to the constitutioaalty of the law.
chIef iustlce Fuller announced that owing to the
sc,th NJ Justice Bradley 20 whom the writing OF the
onnir, IN the anu-iotcry cases had been given. the
Cauu would postpone any elaboration OF its views and
Cow ,tsef II the expression OF The general ground
an which the decision p.orceds. The Court then sli
that the opinion In eN partc Jackson hello that the
mower vested In Congress 20 establish postoices and
po,t.road, embraced the regulation Of the entire postal
system o. tho country and designated what may and
what NAV not be excluded. The power granted 10
Congress WAS complete, and caried with il power 10
forbid the use of the mail in aid Of the perpcuaCon
NJ crime or immortality. The Court says there Is no
aistir elton between mala pohiba" and 'maa IN Sc
and that IL must be left Congress in the exercise of
sound discretion 10 determine what shall be excluded
Ther ia no abdsmcnt Of the freedom of the pre-, Tor
1he reason that the Government does not prohibit COM
nmAication by other means but simply through the
Government agcndcs which il controls.
IL was a legitimate exercise Cf the power Of Con
yress L, furnish mail fsciitlc for the people and was
also true that mail facilities required to be
furnished fer every purpose. Before the Union was
formed the States, in establishing postal service coma
bring into play the police power to protect theiF
citizens from its use to exert demOraizng Influence
UPON the people. That power was surrendered by the
states congress. IL was not necessary that Con-
ggess shouh have the power 10 deal with crime or
immortality within the states in order u maintain h:O
possessed the power 10 fort id the use ~ ne mus III
Md II the preparation OF crime or iInmOIaHtv. Inc
court cOnd not regard tho rlEat to operate lottery
A. a Fundamental night iniringN by the act nor "Ss
able 10 see that Congress CUnd be hed IN rs enact
nent u have abridged the freedom OF tie pres me
circulation OF papers not prohibited Out ne
Government declined itself 20 become IN agent IA te
circulation Of printed matter which IL regarded ~ IN
furious To the people. The freedom OF commune suoi
vas abridged within the intent Of the con,ttuu"ti
provision unless Congress absolutely destitute OF
any discretion as 10 what should or should rot be
carried in mails. and compelled arbitrarily 10 -
sst IN the dissemination Of matters c2ndennea Y rs
Judgment, through the GOverument agencies MnNh Il
controlled That power might De abused furnished no
ground for denial Of il, existence lNe 'ouI' th.r
fore declined change its views eXpfe'scd ~ 'he
Jackson case denied tho prayer ior the wits OF haOes
corpus. and discharged the rule.
The opinion OF the court was unanimous