The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1903-03-11
MAY SUPPRESS TRAFFIC
Power Of Congress Over Commerce
Affirmed by the Supreme Court
Tbs Lottery Case D~eeided-The Cour,
Stood Five to Four-DissentinE Opin-
los Rusd BY the CHIEF Justice.

washington ~ =. q. II supreule
Court handed down its decisions in The
so-called lottery cases and affirmed the
power Of Congress to prohibit the send.
Ing Of lottery tickets from a State to
another by other eau than tire Uni.
ted States mails. The question arose
In connection with two cases. that Of
Champion vs.. the United States and
that Of Francis rs. the United States,
and In both cases the cOnstitutionality
Of the act Of Congress Of 1895 prohibit.
ing the transmission Of lottery tickets
from u State to another by express
OF otherwise "a challenged.
The question as to the constitutional
fly OF the act Of Congress was disposed
Of In the opinion In the case Of Cham.
pion VS.. Ames. In which the Supreme
Court. by q majority Of one. decided In
favor OF the Government and held that
the act was constitutional. The opin-
ion Of the majority vas delivered by
Justice Harlan. and Justices Brown,
White. McKepna and Holmes con.
Cured with him. A vigorous dis.
senting opinion was filed by the
Chief Justice. and concurred In by Jus.
tees Brewer. Peckham and Shiras.
The opinions fully discuss the constitu-
tional questions which were discussed
in the argument, and the opinion Of the
majority Of the court fully sustalns the
contention Of the Government.
In the Francis case. Justice Holmes
spoke for the court. holding that the
offense alleged did not come within the
scope Of the law In question. From
this conclusion Justice Harlan dis
scented.
The cases conclude a prolonged legal
contest over the power Of the Federal
Government to prohibit the transmits.
sion by means other than the mails OF
lottery matter. The questions involved
were first argued In 1897 in the case
Of Francis vs.. United States. but the
court, because Of the peculiar facts OF
that case. did not find 1t necessary TO
decide the main question Of constitu.
tionnl power. The present cases first
argued in February, 1901. and by rea-
son Of q divided court were again ar.
gued October 16. 1901. Justice Gray's
death made q third argument neces-
sary. which took place on December
IS. 1902.
The lottery and express companies
were represented by former Senator
George F. Edmunds. former Secretary
John G. Carlisle. James C. Carter and
william d. Guthrie. Of the New York
bar. Assistant Attorney General James
II. Beck represented the Government.
Champion ut the time Of his arrest
WINS IN Chicago. representing what was
known as the Pan-American Lottery OF
Paraguay. The particular charge
against him was that Of delivering q
box Of lottery tickets to the Wells.Fac.
60 Express Company In Texas for
shipment to California. He was arrest.
ed In Chicago to be taken to Texas. and
Immediately sued out a writ Of habeas
corpus. which the Federal Circuit
Court sitting in Chicago refused to
grant. He appealed from that adverse
decision to the Supreme Court. and 1t IL
this appeal which was decided, the de
cision being adverse to him.
Francis operated In Cincinnati. Ohio.
and was charged with conducting n
policy shop" The numbers" were Sc
lected by players In Newport. just
across the Ohio River in Kentucky and
brought to the main Office In Cincin
natl by ferry or over a bridge by car
riers. This. II was charged. was n vio-
Iation Of the statute OF 1895. and Fran
els was arrested and found guilty. H"
sentence was affirmed by the Circuit
Court Of Appeals for the Sixth Circuit.
and the case then removed to the SUI
preme Court. The effect Of Justice
Holiness decision reversing the lower
courts Is to send the ase back for a
new trial.
The principal contention Of eounse!
for the lottery e was that the sup
preston Of lotteries belongs exclusive.
~ to the police power Of the several
States. and Is NOT n Federal function.
and that consequently the law OF 1885,
Ia in derogatiOn Of the Tenth Amend.
ment Of the Constitution. which pro.
yides that "the powers not delegated
to the United States by the CoRstitu.
ton. nor prohibited by'it to the States,
are reserved to the States respectively
or to the people." They also contend
that the sending Of lottery tickets or
policy slips from n State to another
doos pof conSfitufe IN arr Of inter.