The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-30

courts have ned tnat tney uiu HOl SOAAS
properly within its domain
While a State law which operates as q
regulation or interstate commerce, or
which Affects IL except Incidentally, could
not be upheld under the police power oil
| the State, while laws pretending or pur-
] porting to be in the exercise OF the police
| power, but which are but devices ana
schemes uuder cover OF that power 10
accomplish some purpose forbidden 10
| the state are void, yet State laws passed
| with the honest purpose of promoting
| the health, morals. or the well-belng or
| its citizens, are valid.
Contracts are peculiarly under the pro-
lection OF the Constitution Of the United
States, which declares that no State shall
pass law impalring their obligation;
and yet It is not pretended that state
| may not prohibit the enforcement OF con-
| tracts resting upon a vicious or immoral
consideration, the enforcement Of which
would have vicious and immoral in
fuence. SO. too. We think that 10 call
into activity the inhibition upon the
| States to interfere with interstate com-
merce implied from the grant TO Con-
| gress OF the exclusive power TO regulate
| 1t, the first thing to be shown Is some
| subject OF commerce which commends
| itself as at least not injurious 10 health
| or morals. In 10 case can the just ana
proper exercise OF the police power Of the
State. acting with the honest purpose 10
| protect the health and morals Of COM
munity, conflict with the proper exercise
| OF the power in Congress TO regulate
commerce. unless the means OF dissent
mating disease and encouraging vice are
| proper subjects of commerce.
Ii Is insisted here, however. that mas
much the offence consists in forward
| Ing sum OF money BY telegraph 10
| Wheeling. W. Va, 10 be wagered on
| trial OF speed OF horses TO take place In
| ST. Louis, Mo, IL not being unlawful, as
| II Is claimed, 10 make such wager In
| West Virginia. the act making 1t criminal
Is void, not only as being repugnant 70
the commerce clause OF the Constitution,
but as an attempt 10 punish the doing IN
! West Virginia OF an act lawful in that
! State.
We have said enough to show that there
/ IS in our opinion. no repugnancy in the
| statute 10 the commerce clause of the
| Constitution. Upon the other point we
/ might content ourselves with observing
| that as We are not trying the Issue OF
/ guilty or not guilty. but only whether
| there is lawful cause for the detention OF
/ petitioner disclosed by the warrant and
/ commitment. the effect OF the proof of
| the law Of West Virginia. rs of all other
I
but as an expression OF opinion has been
sought, and there can be no improperly
| IN giving IL. we are willing to go some
| what into this branch OF the subject also.
| We do not perceive that the fact that
| the race upon which the wager il 10 be
made IS 10 be run in Missouri. and that
| the money IS 20 be placed IN West Nir
ginia. at all affects the question. 1t re-
mains that by the statute the act IS made
| unlawful here, and may be punished I'M
/ less il be under the protection of the
/ Constitution OF the United States with
! the laws OF our sister States We have no
| concern except in SO far az they appear
| in this record. and they are not the pro-
/ per subject OF animadversiOn or criticism.
| II West Virginia has not legisated
against this form OF gambling II Is no
concern Of ours. Virginia has a right 10
repress and punish that which by tie
| common consent Of mankind is a vice,
without regard TO the lave Of other States
! To make a bet or wager upon a race TO
| take place i'm Missouri IS as Injurious TO
! good morals as though It were 10 take
| place within our own borders; nor is the
1 quality or character OF the act at all
| affected by the fact that n stage I'm the
| trnsaction takes place upon the neutral
| ground Of West Virginia. The root Of the
| evil Is here. and here its baneful influence
| alQ tAhNlNlf are ltlt. Inc act AT Wllen
| the punishment Is aimed takes place in
! Virginia, and over IT and the actors in It
| Virginia has complete jurisdiction. un-
| less, rs has been so often said shelter
| and protection are found under the COM
merce clause Of the Constitution OF the
| United States.
Another objection taken 10 the war
rant Is, that it IS too vague and inden-
mite, that 1t IS the right Of person ac-
cused Of crime TO be Informed OF the
'c1use and nature OF the accusation
| against him"
Warrants OF arrest arc required 10 reclte
the offence charged, but the same par
| ticularity Is not expected or required as
IN indictments or more formal papers See
Rob. Pr. Vol 2, p. 10 (Old Ed; Bishop
on Grim. Pro. sec. IA.
While we think II would be better prac-
tlce to state the offence more specifically
than has been done here. we are not
prepared 10 say that we would on that
account alone be content 10 quash the
/ proceedings and to discharge the prisoner.
The remaining ground OF objection is,
| however. fatal 10 the warrant OF com
| mitment under which the prisoner is held.
| BY sec. 4l05 OF the Code. as amended by
| an act approved March 6, 1896. justices Of
| the peace are given exclusive original
jurisdiction Of all misdempanors occurr~g
within their jurisdiction" and are du-
/ thorized 10 innict the same punishments
| heretofore imposed by county and cor
poration courts. BY section 4lT an
unrestricted right of appeal 10 the county
or corporation court is secured where
the accused can demand a jury but the
/ trial and judgment must In the first In
| stance be before tho justice. The effect
| OF this statute is 10 take away from
! county and corporation courts the power
! 10 try misdemeanOrs as courts OF original
| jurisdiction. 1t takes away their power
| 10 try misdemeanors. even IN those cases
! where indictments or informations were
| pending. See Dulln VS.. billiard, sheriff.
VI Va, where the effect Of a similar stat
| ute is fully discussed and considered,
and the authorities bearing upon 1t are
| colated.
| For the foregoing reasons. we are or
| opinion. first. that on account OF the In
! sufliciency OF the title Of the act under
consideration pool selling IS the only form
of bet or wager that is made punishable;
| secondly. that there Is no repeal by i'm
| picatiOn. but the two acts OF Aarch o,
! 1896 are IN full force and effect. except as
| hereinbefore stated: thirdly, that the act
| under which the warrant in this case
WAS issued, is not repugnant TO the con-
| sfttution OF the United States; fourth,
| that IL would be better practice TO state
/ the offence with more precision than has
| been here observed. especially In view or
| the fact that Justices are now clothed
| with exclusive original jurisdiction TO try
| rrrsdemeauors, and tho warrant gives 10
! Tho accused the only information as 10