Legal Opinion

Lottery Case

Supreme Court of the United States

Decided February 23, 1903No. 2PublishedCited by 301 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT ÓF ILLINOIS. The general question arising upon this appeal involves the constitutionality of the first section of the act of Congress of March 2, 1895, c. 191, entitled “ An act for the suppression of lottery traffic through national and interstate commerce and the postal service subject to the jurisdiction and ■ laws of the United States.” 28 Stat. 963. The appeal was from an order of the Circuit…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT ÓF ILLINOIS. The general question arising upon this appeal involves the constitutionality of the first section of the act of Congress of March 2, 1895, c. 191, entitled “ An act for the suppression of lottery traffic through national and interstate commerce and the postal service subject to the jurisdiction and ■ laws of the United States.” 28 Stat. 963. The appeal was from an order of the Circuit Court of the United States for the Northern District of Illinois dismissing a writ of habeas corpus sued out by the…

1Opinion of the CourtJustice HaelAN

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, commerce among the States within the meaning of the clause .of the Constitution of the United States providing that Congress shall have power “ to regulate commerce with *345foreign nations, and among the several States, and with the Indian tribes; ” consequently, that Congress…

2Cases cited34 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Mugler v. KansasSupreme Court of the United States · 1887
  4. Brown v. MarylandSupreme Court of the United States · 1827
  5. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897

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3Cited by301 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Gonzales v. RaichSupreme Court of the United States · 2005
  3. Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
  4. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
  5. Second Employers'liability CasesSupreme Court of the United States · 1912

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