National Conference on Legalizing Lotteries, Inc. v. Goldman

L. HAND, Circuit Judge.

This is an appeal from a decree dismissing a bill in equity to' enjoin the postmaster of New York City from stopping the plaintiffs’ mail, and returning it marked, “Fraudulent.” The merits of the suit depend upon whether the plaintiffs were conducting an unlawful lottery, but the decision went off on the point that the Postmaster General had not been joined as a defendant. He had made inquiry into the enterprise, and after. a hearing had declared that it was unlawful; he thereupon directed the local postmaster to stop the mail (section 259, title 39, U.S.Code [39…