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Show THE SUIT AGA NST TH LOTTERY. Th llrlat Pr.-pareil ly thn Alt'irnirf Con-Fiat Con-Fiat in ibn Case. WasiiiniHun'. Sept. IS. Tha enso of the United States against John L. Kapier, and the.two cases of the United States vs Gem-go V. Dupre, will come up for argument at the October term of the United States supreme court. U.tch of these cases is an application for discharge dis-charge by a writ ol habeas corpus from arret for alleged violation of the auti-lottery auti-lottery legislation of the United States in mailing lottery advertisement. J udg-ment udg-ment was against the defendant and the cases wuro appealed to tho supreme court. Attorney-General Miller has prepared pre-pared a brief, which ho will submit in behalf of the government. "If it can be demonstrated," says the brief, "that to prey upon ono's fellowmeu by means of a lottery is a fundamental human right, the decalogue and the sermon on tin) mount, not to nojutiott the Declaration Declara-tion of Independence, ought to bo rewritten re-written at once." I maintain," continues the attorney-general, attorney-general, "without fear of successful contradiction, that whatever acts or enterprises congress has power to make crimmai m me uistnct 01 ioiutniiia or the territories, it may refuse directly or indirectly to aid, encourage or abet in any stato without violating any obligation, obliga-tion, either to the citiens or to tho state. Any state may mako tha practice of this lottery company or even tho possession of its tickets within its titdei;lth iiiteul to si4,-a.Re." lu the exercise of this power of legislation, legis-lation, in regard to the mails as in the exercise of many of its other legislative powers, the attorney-general holds that congress has a very broad discretion as to whether it shall act at all, and if so. when, and to what extent, and for what purpose it shall act. The tittornny-geueral then argued to show that congress has undoubtedly the right to legislate for the public good, and says: "Suppose, as is now an early probability, a postal telegraph should be established, is it true that tho United States government would be under obligation to transmit over its telegraph lines messages in reference refer-ence to ail tho busitiOiS or practices not indictable at common com-mon law or not known in the law books as ?'(.(. in c; could it not refuse to transmit a tclesrram boldly relating to gambling transactions, trading upon margins in wheat or stocks or negotiating negoti-ating the purchase and sale of lottery tickets, or in regard to any oilier busi- I uess which, io the exercise of a sound discretion, congress might declare to be eonra bvnor mure! " Upon the theory of the argument of the petitioners that the publishers of newspaper bad the absolute right to carriage in the mails, and that any discrimination dis-crimination against them is abndgir.g the freedom ot the press, then all postal regulations by which letters are given precedence over newspapers mihl be held to an abridging of tho freedom of the press. |