of the deposits so covered shall, at the close of each month, be reported on the monthly public debt statement as debt of the United States bearing no interest.

SEC. 7. That this act shall take effect thirty days from and after its passage.

APPROVED, July 14, 1890.

No. 122.

66

'Original Package" Act

August 8, 1890

In the case of Leisy v. Hardin, decided in 1890, the Supreme Court of the United States held that, in the absence of a federal law to the contrary, intoxicating liquors, being subjects of interstate commerce, might be transported from one State to another, and sold in the original packages in which they were introduced, notwithstanding the prohibitory laws of the State in which they were offered for sale. As the decision would have the effect of nullifying to a considerable extent State prohibitory legislation, protection was immediately sought at the hands of Congress. A bill "subjecting imported liquors to the provisions of the laws of the several States " had been introduced in the Senate, December 4, 1889, by James F. Wilson of Iowa. The bill was reported with an amendment May 14, 1890. May 27 the amendment was withdrawn and a substitute offered; on the 29th the amended substitute passed the Senate, the vote being 34 to 10, 40 not voting. A substitute for the Senate bill passed the House July 22 by a vote of 177 to 38, 112 not voting. The Senate refused to concur in the House amendment, and the bill went to a conference committee. The report of the committee, recommending that the House recede from its amendments, was accepted by the House, August 6, by a vote of 119 to 93, 115 not voting, and by the Senate August 7, without a division.

REFERENCES. Text in U.S. Statutes at Large, XXVI, 313. For the proceedings see the House and Senate Journals, 51st Cong., 1st Sess., and the Cong. Record. The Senate report of May 14 is Senate Report 993; the House Report of July 1 is House Report 2604; see also Senate Report 610, 50th Cong., 1st Sess. The case of Leisy v. Hardin is in 135 U.S. Reports, 100; see also In re Rahrer, 140 ibid., 545; Gould and Tucker, Notes on the Revised Statutes, II, 621, 622.

An act to limit the effect of the regulations of commerce between the several States and with foreign countries in certain cases.

Be it enacted That all fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.

APPROVED, August 8, 1890.

No. 123. Anti-Lottery Act

September 18, 1890

A BILL to amend certain sections of the Revised Statutes relating to the transmission of lottery matter by mail was reported in the House, July 28, 1890, by John A. Caldwell of Ohio, from the Committee on Post Offices and Post Roads, in place of sundry bills on the same subject previously referred to the committee. The bill was taken up August 16, amended, and passed. The bill was reported without amendment in the Senate September 2, and passed that body on the 16th. An act of March 2, 1895, extended the prohibition to lottery matter originating abroad.

REFERENCES.

Text in U.S. Statutes at Large, XXVI, 465, 466. For the proceedings see the House and Senate Journals, 51st Cong., 1st Sess., and the Cong. Record. There was no debate in the Senate. See also House Report 2844 and Senate Report 1677.

An act to amend certain sections of the Revised Statutes relating to lotteries, and for other purposes.

Be it enacted

That section thirty-eight hundred and ninety-four of the Revised Statutes be, and the same is hereby, amended to read as follows:

"SEC. 3894. No letter, postal-card, or circular concerning any lottery, so-called gift concert, or other similar enterprise offering prizes dependent upon lot or chance, or concerning schemes devised for the purpose of obtaining money or property under false pretenses, and no list of the drawings at any lottery or similar scheme, and no lottery ticket or part thereof, and no check, draft, bill, money, postal note, or money-order for the purchase of any ticket, tickets, or part thereof, or of any share or any chance in any such lottery or gift enterprise, shall be carried in the mail or delivered at or through any post-office or branch thereof, or by any letter carrier; nor shall any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery or gift enterprise of any kind offering prizes dependent upon lot or chance, or containing any list of prizes awarded at the drawings of any such lottery or gift enterprise, whether said list is of any part or of all of the drawing, be carried in the mail or delivered by any postmaster or letter-carrier. Any person who shall knowingly deposit or cause to be deposited, or who shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or who shall knowingly cause to be delivered by mail anything herein forbidden to be carried by mail, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment for each offense. Any person violating any of the provisions of this section may be proceeded against by information or indictment and tried and punished, either in the district at which the unlawful publication was mailed or to which it is carried by mail for delivery according to the direction thereon, or at which it is caused to be delivered by mail to the person to whom it is addressed."

SEC. 2. That section thirty-nine hundred and twenty-nine of the Revised Statutes be, and the same is hereby, amended to read as follows:

"SEC. 3929. The Postmaster-General may, upon evidence satisfactory to him that any person or company is engaged in conduct

ing any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any other scheme or device for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, instruct postmasters at any postoffice at which registered letters arrive directed to any such person or company, or to the agent or representative of any such person or company, whether such agent or representative is acting as an individual or as a firm, bank, corporation, or association of any kind, to return all such registered letters to the postmaster at the office at which they were originally mailed, with the word 'Fraudulent' plainly written or stamped upon the outside thereof; and all such letters so returned to such postmasters shall be by them returned to the writers thereof, under such regulations as the Postmaster-General may prescribe. But nothing contained in this section shall be so construed as to authorize any postmaster or other person to open any letter not addressed to himself. The public advertisement by such person or company so conducting such lottery, gift enterprise, scheme, or device, that remittances for the same may be made by registered letters to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the Postmaster-General shall not be precluded from ascertaining the existence of such agency in any other legal way satisfactory to himself."

SEC. 3. That section four thousand and forty-one of the Revised Statutes be, and the same is hereby, amended to read as follows:

"SEC. 4041. The Postmaster-General may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any other scheme for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses,

representations, or promises, forbid the payment by any postmaster to said person or company of any postal money-orders drawn to his or its order, or in his or its favor, or to the agent of any such person or company, whether such agent is acting as an individual or as a firm, bank, corporation, or association of any kind, and may provide by regulation for the return to the remitters of the sums named in such money-orders. But this shall not authorize any person to open any letter not addressed to himself. The public advertisement by such person or company so conducting any such lottery, gift enterprise, scheme, or device, that remittances for the same may be made by means of postal money-orders to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the Postmaster-General shall not be precluded from ascertaining the existence of such agency in any other legal way."

APPROVED, September 19, 1890.

No. 124.

Immigration and Contract Labor

March 3, 1891

An act of March 3, 1875, forbade the entrance into the United States of 'persons who are undergoing a sentence for conviction in their own country of felonious crimes other than political or growing out of or the result of such political offenses, or whose sentence has been remitted on condition of their emigration." By an act of August 3, 1892, a duty of fifty cents, to be paid by the master, owner, agent or consignee of the vessel, was imposed for each alien entering the United States by water. Convicts, insane or feeble-minded persons, and persons liable to become a public charge were forbidden to land, and foreign convicts, "except those convicted of political offenses," were to be returned, the expense of returning immigrants who were denied entrance to be borne by the owners of the vessels in which they came. A bill further to amend the laws relating to immigration and contract labor was introduced in the House, February 12, 1891, by William D. Owen of Indiana, and passed on the 25th by a vote of 125 to 48. The Senate substituted the House