The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-30
Supreme Court Of appeals UpholdS the
ADti-Gamblils ACt.
LACEY FREED on A TECHNICALLY.
Eaect Of the Decision WIN be 20 Freak Up
PooI-sciling in Nirginia-Fuii Text of
the Opinion, which is Very
Exhaustive One.


consu,uuoaalUy OF the bills, both
as TO the state and Federal
constitutions SIS established with some
qualifications as TO the former. but the
prisoner Is set ut liberty because Of or
Tor on the part Of the trial justice. a
magistrate. The constitution Of the
prisoners counsel was that the two Maui
pin acts wege approved the same day. ana
90 operated TO repeal each other; That
the acts were rcplgnant to tho state
constitution in that they embraced more
than ono subject not expressed IN their
titles: that hey were In conflict with the
commerce clause Of the Federal consl-
tuition in that-tho money was TO be trans
mitttd TO West Virginia. ana there wager
sd on Cd race TO occur IN Missouri thdt
the warrant was void for vagueness; ana
that under resent acts Of Assembly, the
justice ol the peace only could Try the
ut.feneau0r. and had no authority 70
send tho prisoner on for trial by the
County Court.
Hcld. j. All that is required by the
c0nslf lfuaon8i provision. "that no law
shall embrace more than one subject.
which shah be expressed in MS utie' u
that the subjcct embraced in the statute
but not specified in the title, shall DE
oongru0us ANA have natural connection
with und be eeruane TO the subject eN-
pressed in tho title. u ;. l.. Rep ooO,
There is no sucn incougrhty OF ObJ'coo
and purposes in the statute as 70 render
80 obnoxious 10 this clause. The act
huWcfor. is Tar broader than its title and
can therefore only be operative az 10 that
part of it indicated by its title. and the
only offence punishable under II Is the
particular form OF bet or wager known as
"po1l-saulng. lie words land 50
forth" m thc u1e express nothing ana
amount TO nothing as compliance with
tht constitutional requirement. - Bar.
6a4. IN ~. Y.. 1s5.
o. As 20 conflict with the Federal consti-
tulluu. State law which operates as II
rfgulatou of interstate commerce or
which affects 10 otherwise than incidental
~. or "a law pretending or purpOrting 10
le in the exercise OF the police power but
iu reality only device or scheme under
cover pf tlar power 10 accomplish some
purpose forbidden TO the state, is void.
Yet State laws passed with an honest
purpose ol promoting the health, the NOR
ais. or The well being OF its citizens are
valid. in uu case can the just and prop
tr exercise Of the police power Of the
State acting with the honest purpose 10
protect The health and morals OF q com
muuifv conflict with the proper exercise
OF the power oE Congress TO regulate
commerce. unless the means of dissemi-
mating disease and encouraging vice are
proper subjects OF commerce.
s. There i5 10 repeal by implication.
but the Two acts of March 5th. 1876. are
iu fuu f9Ire and effect. except as herein
fore qualified ny reason of defect of title.
a. 10 would ue better practice 10 state
tle offence with precision in the warrant.
Justices being now clothed with eXclu-
siye original jurisdiction 10 Try msde-
meaIars and the warrant giving the ac-
cuacl tae only Information as To the ma
,ure of tle Oueqce charged.
g. The warrant o. commitment IS void
because be- was The duty of tha justice 10
lH tr Case instead of committing the
prisoner fer trial by the County Court.
which under tho recent act is without
authority as % court of original jurisdic-
t.u 0f mi,Iemeau0rs.
ihc prisoner must pe discharged.
lle cnect of the opinion Will be 10 put
@n cad to paol-scilus ia Virginia.
fau TEXT OF the opinion.
Following b. the fal text of the opin-
Lacey SIS. Palmer. sheriff. Petition for
"fit oi Ata.as corpus from Alexandria
county. l'ilaouer discharged. Opinion
Dl Judge hcitl. president.
This h petition Tor a. writ Of habeas
Dlrp.- sIl.rsstI TO ibis court by Rich
arl st. Lacey, who alleges that be H. de-
ta-aDl without lawful authority and dee
lilI I'D ol lis liberty hy oae William h.
Palmer, aAcrlh and cX-Odicio jailor Of the
county ol Alexandria
lt seems that Doe was committed 20 the
Nt s. Qf
rant dated .nc aist OF March, 1896. charged
with Violating au act OF the LEGISLATURE.
approved February ~, 1886. which de-
ciares it io be unlawful for any person
or persons. or association OF persons, cor
poIation or corporations. by any ways
means, OF devices 10 make any bet or
wager. or receive or record or register.
or forward or pupOrt OF pretend to for
Wafn amy money. thlnE, or consideration
o. value 90 bc bet or Wagored upon the
result ot auy tfia of speed or power of
endurance or sAAl OF animals or beasts.
which J. Go take place beyond the limits
or This tommonH caitn, or hy any ways
means. or devices 10 aid. assist. or ahet
S. tNe making of amy bet or wager or the
receiving, recording or registering. or
forwarding coy purporung or pretending
10 forward any money thing. or cOnsid-
Grafton of value 90 he bet on wagered
power OF endurance or skin OF animals or
beasts which is to- take place beyond the
limits OF ihis Commonwealth. or 10 aid
or assist or ahet in any Way or In any
manner in amy oi the acts forbidden 10y
thls act."
'Ihai any person or persons or associa-
tion oi persons. or corporation or corpora
tlons violating The provisions OF this act
shall ne nnei not less than two hundred
nor more than i've hundred dollars. and
he nlIrt lnli mot le.s than thirty nor
more t'an ninety days"
Tho warrant of arrest does not charge
tht defendant with having done any OF
tnc specific acts which the statute just
quoted makes unlawful. but AYERS in
general terms That the defendant with
others nemed in the said warrant. was
guilty of each ana an or the acts forbid
nen tnercin. ana the commitment com
n NsH a.. Hefif 10 deliver Richard NJ
Lacy O. ihe custody Of the jailer Of the
county pi Alexandria TO answer an iudict-
mtnt fpr tho offence thus described at
tne September term OF tho county court
OF Acxenlria.
Tho petitioner claims that this statute
Is replenant 20 Article T. section 10 Of the
Constitution of Virginia. that II is re-
pugnAnt TO- Article J. section 5. clause 3. OF
the Constitution of the United states.
thnt Do ia imperative. because two laws
received the signature OF the Governor
upon thc same day which are inconsist-
ent. the one with the other. and as there
Is no means or determining which Of tho
Two T. the last expression OF the legisla.-
five Will. that neither can De- operative.
the ono repeating mo other by necessary
Implication, TINT the warrant IN his
u u N.... "a