1 apply and such article, instrument, substance, drug, medicine, 2 or thing, is hereby declared to be nonmailable matter and 3 shall not be conveyed in the mails or delivered from any post 4 5 6 office or by any letter carrier. Whoever shall knowingly de posit, or cause to be deposited for mailing or delivery, any thing declared by this section to be nonmailable, or shall 7 knowingly take, or cause the same to be taken, from the mails 8 for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined not 9 10 11 five years, or both.] more than five thousand dollars, or imprisoned not more than (R. S., s. 3893. (R. S., s. 3893. 26 Sept., 1888, 25 12 Stat. L., 496, c. 1039, s. 2; 1 Supp., 621.) 13 SEC. 213. All matter otherwise mailable by law, upon 14 the envelope or outside cover or wrapper of which, or any 15 postal card upon which, any delineations, epithets, terms, or 16 language of an indecent, lewd, lascivious, obscene, libelous, 17 scurrilous, defamatory, or threatening character, or calculated 18 by the terms or manner or style of display and obviously in19 tended to reflect injuriously upon the character or conduct of 20 another, may be written or printed or otherwise impressed or 21 apparent, are hereby declared nonmailable matter, and shall not be conveyed in the mails nor delivered from any post23 office nor by any letter carrier, and shall be withdrawn from 24 the mails under such regulations as the Postmaster-General 25 shall prescribe. Whoever shall knowingly deposit or cause 22 SEC. 213. CHAP. 1039.—An Act amendatory of "An Act relating to postal crimes and amendatory of the statutes therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight, and for other purposes. Be it enacted, etc., That the last clause of the second section of "An Act relating to postal crimes, and amendatory of the statutes therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight be, and the same is hereby, so amended as to read as follows, and constitute the third section of said Act: "SEC. 3. That all matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, or any postal-card upon which, any delineations, epithets, terms, or language of an indecent, lewd, lascivious, obscene, libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character or conduct of another may be written or printed, or other wise impressed or apparent, are hereby declared nonmailable matter, and shall not be conveyed in the mails, nor delivered from any post-office nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postmaster-General shall prescribe; And any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, and any person who shall knowingly take the same or cause the same to be taken from the mails, for the purpose of circulating or disposing of or of aiding in the circulation of disposition of the same, shall, for each and every offense, upon conviction thereof, be fined not more than five thousand dollars, or imprisoned at hard labor not more than five years, or both, at the discretion of the court." 1 to be deposited, for mailing or delivery, anything declared by 2 this section to be non-mailable matter, or shall knowingly 3 take the same or cause the same to be taken from the mails 4 for the purpose of circulating or disposing of or aiding in the 5 circulation or disposition of the same, shall be fined not more than five thousand dollars or imprisoned not more than five 7 years, or both. (26 Sept., 1888, 25 Stat. L., 496, c. 1039, 6 8 9 14 s. 1; 1 Supp., 621.) SEC. 214. [No letter, postal card, or circular concerning 10 any lottery, gift enterprise, or similar scheme offering prizes 11 dependent in whole or in part upon lot or chance; and no 12 lottery ticket or part thereof, or paper, certificate, or instru13 ment purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift 15 enterprise, or similar scheme offering prizes dependent in 16 whole or in part upon lot or chance; and no check, draft, 17 bill, money, postal note, or money order, for the purchase of 18 any ticket or part thereof, or of any share or chance in any 19 such lottery, gift enterprise, or scheme; and no newspaper, 20 circular, pamphlet, or publication of any kind containing 21 any advertisement of any lottery, gift enterprise, or scheme 22 of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes 24 drawn or awarded by means of any such lottery, gift enter 23 25 prise, or scheme, whether said list contains any part or all of SEC. 214. CHAP. 908.-An Act To amend certain sections of the Revised Statutes relating to lotteries, and for other purposes. Be it enacted, etc., 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, socalled 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 simifar 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. Sept. 19, 1890. 26 Stat. L., p. 465. I Supp., p. 803. Lottery, gift enterprise, etc., circulars, etc., not mailable. Substitute for R. S., s. 2894. 44 Fed. Rep., 671. Newspapers, etc., containing lottery advertisemailable. ments, etc., not I Supp., p. 803. Punishment. Jurisdiction of 44 Fed. Rep., "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 offenses. by district at which the unlawful publication was mailed or to which it is carried 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." 677. 1 such prizes, shall be deposited in or carried by the mails of 2 the United States, or be delivered by any postmaster or let3 ter carrier. Whoever shall knowingly deposit or cause to be 4 deposited, or shall knowingly send or cause to be sent, any5 thing to be conveyed or delivered by mail in violation of the 6 provisions of this section, or shall knowingly deliver or cause 7 to be delivered by mail anything herein forbidden to be car8 ried by mail, shall be fined not more than one thousand dol 10 9 lars, or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years. Any person violating any provision of this section 11 12 may be tried and punished either in the district in which the 13 unlawful matter or publication was mailed, or to which it was 14 carried by mail for delivery according to the direction thereon, 15 or in which it was caused to be delivered by mail to the person to whom it was addressed.] (R. S., s. 3894. 19 Sept., 17 1890, 26 Stat. L., 465, c. 908, s. 1; 1 Supp., 803. 2 Mar., 18 1895, 28 Stat. L., 963, c. 191, s. 1; 2 Supp., 435.) 16 19 SEC. 215. [Whoever, being a postmaster or other 20 person employed in the postal service, shall act as agent for any lottery office, or under color of purchase or other22 wise, vend lottery tickets, or shall knowingly send by mail 21 23 or deliver any letter, postal card, circular, or pamphlet adver24 tising any lottery, gift enterprise, or similar scheme, offering 25 prizes dependent in whole or in part upon lot or chance, or any |