or so much thereof as may be offered in each month, at the market price thereof, not exceeding one dollar for three hundred and seventy-one and twenty-five hundredths grains of pure silver, and to issue in payment for such purchases of silver bullion Treasury notes of the United States to be prepared by the Secretary of the Treasury, in such form and of such denominations, not less than one dollar nor more than one thousand dollars, as he may prescribe, and a sum sufficient to carry into effect the provisions of this act is hereby appropriated out of any money in the Treasury not otherwise appropriated.

SEC. 2. That the Treasury notes issued in accordance with the provisions of this act shall be redeemable on demand, in coin, at the Treasury of the United States, or at the office of any assistant treasurer of the United States, and when so redeemed may be reissued; but no greater or less amount of such notes shall be outstanding at any time than the cost of the silver bullion and the standard silver dollars coined therefrom, then held in the Treasury purchased by such notes; and such Treasury notes shall be a legal tender in payment of all debts, public and private, except where otherwise expressly stipulated in the contract, and shall be receivable for customs, taxes, and all public dues, and when so received may be reissued; and such notes, when held by any national banking association, may be counted as a part of its lawful reserve. That upon demand of the holder of any of the Treasury notes herein provided for the Secretary of the Treasury shall, under such regulations as he may prescribe, redeem such notes in gold or silver coin, at his discretion, it being the established policy of the United States to maintain the two metals on a parity with each other upon the present legal ratio, or such ratio as may be provided by law.

SEC. 3. That the Secretary of the Treasury shall each month coin two million ounces of the silver bullion purchased under the provisions of this act into standard silver dollars until the first day of July eighteen hundred and ninety-one, and after that time he shall coin of the silver bullion purchased under the provisions of this act as much as may be necessary to provide for the

redemption of the Treasury notes herein provided for, and any gain or seigniorage arising from such coinage shall be accounted for and paid into the Treasury.

SEC. 4. That the silver bullion purchased under the provisions of this act shall be subject to the requirements of existing law and the regulations of the mint service governing the methods of determinating the amount of pure silver contained, and the amount of charges or deductions, if any, to be made.

SEC. 5. That so much of the act of February twenty-eighth, eighteen hundred and seventy-eight, entitled "An act to authorize the coinage of the standard silver dollar and to restore its legaltender character," as requires the monthly purchase and coinage of the same into silver dollars of not less than two million dollars, nor more than four million dollars' worth of silver bullion, is hereby repealed.

SEC. 6. That upon the passage of this act the balances standing with the Treasurer of the United States to the respective credits of national banks for deposits made to redeem the circulating notes of such banks, and all deposits thereafter received for like purpose, shall be covered into the Treasury as a miscellaneous receipt, and the Treasury of the United States shall redeem from the general cash in the Treasury the circulating notes of said banks which may come into his possession subject to redemption; and upon the certificate of the Comptroller of the Currency that such notes have been received by him and that they have been destroyed and that no new notes will be issued in their place, reimbursement of their amount shall be made to the Treasurer, under such regulations as the Secretary of the Treasury may prescribe, from an appropriation hereby created, to be known as "National bank notes: Redemption account," but the provisions of this act shall not apply to the deposits received under section three of the act of June twentieth, eighteen hundred and seventy-four, requiring every National bank to keep in lawful money with the Treasurer of the United States a sum equal to five percentum of its circulation, to be held and used for the redemption of its circulating notes; and the balance remaining

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., Ist 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., Ist 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., Ist 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