Lotteries And The Mails

A decisión of Judge Blatohford in tlie District Court sustains the constitutionfility of tho act of Congress excluding from the United States mails letters or circulare concerning lotteries, gift concerts, and similar enterprises. One Jackson, who i an agent for tlie Havana, Kcntueky, and other lotterics, was axrested ior violation of this law. As lie was held to answer, his counsel, Judge Dittenhoefer, took out a writ of babeas corpus and brought liim before Judge BJatehl'ord. The ground teken for liis release was that xsonstitutionally Congress hnd no right to exclude any BGaled letter from tliü mails, wbatever migñt De its contonts. Judge Blatchford, however, in his decisión, took an entircly opposito view of the question, holding that, as Congress had the power to establish postoffices and post-roads, it had iilso a rigbt to determine whatit will and what it will not carry. So the prisouer took nothing by his liabeas corpus, and wan remanded to custody. We sup))oss that a similar decisión might have been arrived at apon gipunds of public policy. It is evident that, if the Postoffice Department is under obligation to carry anything aud overytliing which may b.e tendered to it with i, request for transportation in a sealed package, it may be made the agent of many undertfikings avowedly criminal. Lotteries may or may not be adverse to good moráis, but Congress bas expressed tlie opinión that they ure, and bas done what it could to prohibit them. We do not sec why the argument for the defendant in the case above referred to might not be employed to save one postín ;j obsceaie literature from richlyraerited punishment. The rule diserimiii:iin;i against lottery matter is made because lotteries nre held to promote bad habits, and purchasinfr them tends