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LOTTERY CASE

No. 2.

188 U.S. 321 (1903)

LOTTERY CASE.

Supreme Court of United States.

Decided February 23, 1903.

Attorney(s) appearing for the Case

Mr. William D. Guthrie for appellant, his brief being also entitled in Francis v. United States, p. 375, post.

Mr. John G. Carlisle, with whom Mr. Miller Outcalt and Mr. Thomas F. Shay were on the brief, appeared for John Francis and others, appellants in No. 80, which was argued simultaneously with this case. In that part of the brief relating to the constitutionality of the act of March 2, 1895, they argued.

Mr. Assistant Attorney General James M. Beck for the United States.

MR. JUSTICE HARLAN, after making the foregoing statement of facts, delivered the opinion of the court.

The appellant insists that the carrying of lottery tickets from one State to another State by an express company engaged in carrying freight and packages from State to State, although such tickets may be contained in a box or package, does not constitute, and cannot by any act of Congress be legally made to constitute, ...

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