Page:Federal Reporter, 1st Series, Volume 1.djvu/433

 CO:ûMJi:iF0BD V. THOMi^SON. ���42j ���to the distribution company, and related to the business ear- ried on by that company. It is fair to presuma that this Company is seeking them in furtherance of its business as a lottery; indeed, in the bill, they are expressly averred to be at the value of over $5,000, and in complainant's brief they are said to contain orders for tickets. Now, congress lias placed upon ail of this class of enterprises the stamp of its disapproval. It has donounced it hy legislation, as far-reach- ing as its constitutional power permitted, as contrary to pub- lic policy. We think that a court of equity ought not to lend its aid directly or indirectiy to schemes which congress has thus characterized. �Suppose the defendant had detained letters and circulars mailed by this company, and the complainant had filed the bill, confessing the character of the letters, to enjoin her action upon the ground that the section «only imposed a penalty, and did not in terms authorize the detention of letters, we think a court of equity would not hesitate to refuse its aid thus sought for an unlawful purpose. The case under consideration is but one remove from this. In ail human probability the letters detained here are written, not only in furtherance of the lottery business, (Dwight v. Brewster, 1 Pick. 50,) but are to be answered, aud in auswering them complainant will be guilty of a violation of the law. Had he replied to the answer, and made it appear that the letters had no connection -«vith the lottery business, he might have been entitled to the protection of a court of equity, but the pleadings fail to show a moral obligation on the part of thia court to relieve him. In any light in which this case can be viewed, it is impossible to avoid the conclusion that the court is required to lend its aid to a schema condemned alike by congress and by public opinion. Complainant should be lef fc. to bis remedy at law. �Au order will therefore be entered dismissing the bill. ��� �