143 U.S. 110 (1892), Ex parte Rapier

Citation143 U.S. 110, 12 S.Ct. 374, 36 L.Ed. 93
Party NameEx parte RAPIER. Ex parte DUPRE, (two cases.)
Case DateFebruary 01, 1892
CourtUnited States Supreme Court

Page 110

143 U.S. 110 (1892)

12 S.Ct. 374, 36 L.Ed. 93

Ex parte RAPIER.

Ex parte DUPRE, (two cases.)

United States Supreme Court.

February 1, 1892

Petition by John L. Rapier and George W. Dupre for habeas corpus. Denied.

COUNSEL

Page 113

[12 S.Ct. 374] Hannis Taylor, for petitioner Rapier.

Jas. C. Carter and Thos J. Semmes, for petitioner Dupre.

Atty. Gen. Miller and Asst. Atty. Gen. Maury, for respondents.

OPINION

Page 132

Mr. Chief Justice FULLER delivered the opinion of the court:

We are constrained by the circumstances in which we find ourselves placed by the illness and death of Mr. Justice

Page 133

BRADLEY, to whom the preparation of the opinion in these cases was committed, to waive any elaboration of our views, and confine ourselves to the expression of the general grounds on which our decision proceeds.

These are applications for discharge by with of habeas corpus from arrest for alleged violations of an act of congress, approved September 19, 1890, entitled 'An act to amend certain sections of the Revised Statutes relating to lotteries, and for other purposes.' 26 St. p. 465.

The question for determination relates to the constitutionality of section 3894 of the Revised Statutes as amended by that act. In Ex parte Jackson, 96 U.S. 727, it was held that the power vested in congress to establish post-offices and postroads embraced the regulation of the entire postal system of the country, and that under it congress may designate what may be carried in the mail and what excluded; that in excluding various articles from the mails the object of congress is not to interfere with the freedom of the press or with any other rights of the people, but to refuse the facitities for the distribution of matter deemed injurious by congress to the public morals; and that the transportation in any other way of matters excluded from the mails would not be forbidden. Unless we are prepared to overrule that decision, it is decisive of the question before us.

It is argued that in Jackson's Case it was not urged that congress had no power to exclude lottery matter from the mails; but it is conceded that the point of want of power was passed upon in the opinion. This was necessarily so, for the real question was the existence of the power, and not the defective exercise of it. And it is a mistake to suppose that the conclusion there expressed was arrived at without deliberate consideration. It is insisted...

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93 practice notes
  • 110 F.Supp. 374 (S.D.N.Y. 1953), American Broadcasting Co., Inc. v. United States
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • February 5, 1953
    ...their subject matter (lotteries), did not infringe the right of free speech or free press guaranteed by the First Amendment. In re Rapier, 143 U.S. 110, 12 S.Ct. 374, 36 L.Ed. 93; Horner v. United States, 143 U.S. 207, 12 S.Ct. 407, 36 L.Ed. 126; Donaldson v. Read Magazine, 333 U.S. 178, 68......
  • 158 F.Supp. 940 (M.D.Pa. 1958), Crim. 12702, United States v. Keller
    • United States
    • Federal Cases United States District Courts 3th Circuit Middle District of Pennsylvania
    • January 9, 1958
    ...11 F. 663; Warren v. United States, 8 Cir., 1910, 183 F. 718, at pages 720-721, 33 L.R.A.,N.S., 800. See In re Rapier, 1892, 143 U.S. 110, at page 133, 12 S.Ct. 374, 36 L.Ed. 93, referring to Ex parte Jackson, 96 U.S. 727, at page 736, 24 L.Ed. 877, 'In excluding various articles from the m......
  • 145 F. 449 (8th Cir. 1906), 2,245, Harris v. Rosenberger
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • May 9, 1906
    ...adversely to the appellee's contention prior to the institution of this suit. Ex parte Jackson, 96 U.S. 727, 24 L.Ed. 877; In re Rapier, 143 U.S. 110, 12 Sup.Ct. 374, 36 L.Ed. 93; Public Clearing House v. Coyne, 194 U.S. 497, 24 Sup.Ct. 789, 48 L.Ed. 1092. In the last case it is said of the......
  • 160 F. 700 (E.D.Ark. 1908), 493, United States v. Musgrave
    • United States
    • Federal Cases United States District Courts 8th Circuit Eastern District of Arkansas
    • April 1, 1908
    ...the power to prescribe what should be carried and what should be excluded. Ex parte Jackson, 96 U.S. 727, 732, 24 L.Ed. 877; In re Rapier, 143 U.S. 110, 134, 12 Sup.Ct. 374, 36 L.Ed. 93. In the last-cited case the court said: 'When the power to establish post offices and post roads was surr......
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87 cases
  • 110 F.Supp. 374 (S.D.N.Y. 1953), American Broadcasting Co., Inc. v. United States
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • February 5, 1953
    ...their subject matter (lotteries), did not infringe the right of free speech or free press guaranteed by the First Amendment. In re Rapier, 143 U.S. 110, 12 S.Ct. 374, 36 L.Ed. 93; Horner v. United States, 143 U.S. 207, 12 S.Ct. 407, 36 L.Ed. 126; Donaldson v. Read Magazine, 333 U.S. 178, 68......
  • 158 F.Supp. 940 (M.D.Pa. 1958), Crim. 12702, United States v. Keller
    • United States
    • Federal Cases United States District Courts 3th Circuit Middle District of Pennsylvania
    • January 9, 1958
    ...11 F. 663; Warren v. United States, 8 Cir., 1910, 183 F. 718, at pages 720-721, 33 L.R.A.,N.S., 800. See In re Rapier, 1892, 143 U.S. 110, at page 133, 12 S.Ct. 374, 36 L.Ed. 93, referring to Ex parte Jackson, 96 U.S. 727, at page 736, 24 L.Ed. 877, 'In excluding various articles from the m......
  • 145 F. 449 (8th Cir. 1906), 2,245, Harris v. Rosenberger
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • May 9, 1906
    ...adversely to the appellee's contention prior to the institution of this suit. Ex parte Jackson, 96 U.S. 727, 24 L.Ed. 877; In re Rapier, 143 U.S. 110, 12 Sup.Ct. 374, 36 L.Ed. 93; Public Clearing House v. Coyne, 194 U.S. 497, 24 Sup.Ct. 789, 48 L.Ed. 1092. In the last case it is said of the......
  • 160 F. 700 (E.D.Ark. 1908), 493, United States v. Musgrave
    • United States
    • Federal Cases United States District Courts 8th Circuit Eastern District of Arkansas
    • April 1, 1908
    ...the power to prescribe what should be carried and what should be excluded. Ex parte Jackson, 96 U.S. 727, 732, 24 L.Ed. 877; In re Rapier, 143 U.S. 110, 134, 12 Sup.Ct. 374, 36 L.Ed. 93. In the last-cited case the court said: 'When the power to establish post offices and post roads was surr......
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5 books & journal articles
  • The game's the same: why gambling in cyberspace violates federal law.
    • United States
    • Yale Law Journal Vol. 108 Nbr. 7, May 1999
    • May 1, 1999
    ...reacted by outlawing the mailing of newspapers carrying such advertisements, that Act also was challenged and upheld. See In re Rapier, 143 U.S. 110 (1892) (upholding the Anti-Lottery Act of 1890, ch. 908, [sections] 1, 26 Stat. 465). (78.) See, e.g., United States v. Borgese, 235 F. Supp. ......
  • Commerce clause challenges to health care reform.
    • United States
    • University of Pennsylvania Law Review Vol. 159 Nbr. 6, June 2011
    • June 1, 2011
    ...See 3 STORY, supra note 60, [section] 1900 (discussing the Founders' debate over the Tenth Amendment). (112) See, e.g., In re Rapier, 143 U.S. 110, 133-35 (1892) (upholding the criminalization of mailing advertisements for lotteries that were otherwise legal). (113) See, e.g., 42 U.S.C. [se......
  • The First Amendment status of commercial speech: why the FCC regulations implementing the Telephone Consumer Protection Act of 1991 are unconstitutional.
    • United States
    • Michigan Law Review Vol. 94 Nbr. 7, June - June 1996
    • June 1, 1996
    ...(1903) (upholding an 1895 Act of Congress forbidding the transport of lottery materials in interstate or foreign commerce); In re Rapier, 143 U.S. 110 (1892) (rejecting a First Amendment challenge to a federal law forbidding the advertisement of lotteries in newspapers); Ex parse Jackson, 9......
  • Intellectual property and the presumption of innocence.
    • United States
    • William and Mary Law Review Vol. 56 Nbr. 5, April - April 2015
    • April 1, 2015
    ...Property Taxation: Promoting Innovation and Other Intellectual Property Goals?, 64 SMU L. Rev. 795, 821 n.133 (2011). (44.) In re Rapier, 143 U.S. 110, 134-35 (1892). (45.) Champion v. Ames, 188 U.S. 321, 354 (1903). (46.) Hoke v. United States, 227 U.S. 308, 323 (1913). (47.) Kathleen F. B......
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