e transportation in foreign and interstate commerce and the
mails of certain varieties of moths, plant lice, and other insect pests
injurious to plant crops, trees, and other vegetation.[491] In 1912 a
similar exclusion of diseased nursery stock was decreed,[492] while by
the same act, and again by an act of 1917,[493] the Secretary of
Agriculture was invested with powers of quarantine on interstate
commerce for the protection of plant life from disease similar to those
above described for the prevention of the spread of animal disease.
While the Supreme Court originally held federal quarantine regulations
of this sort to be constitutionally inapplicable to intrastate shipments
of livestock, on the ground that federal authority extends only to
foreign and interstate commerce,[494] this view has today been
abandoned. _See_ pp. 248-249.

THE LOTTERY CASE

The first case to come before the Court in which the issues discussed
above were canvassed at all thoroughly was Champion _v._ Ames,[495]
involving the act of 1895 "for the suppression of lotteries."[496] An
earlier act excluding lottery tickets from the mails had been upheld in
the earlier case of In re Rapier,[497] on the proposition that Congress
clearly had the power to see that the very facilities furnished by it
were not put to bad uses. But in the case of commerce the facilities are
not ordinarily furnished by the National Government, and the right to
engage in foreign and interstate commerce comes from the Constitution
itself, or is anterior to it.

How difficult the Court found the question produced by the act of 1895,
forbidding any person to bring within the United States or to cause to
be "carried from one State to another" any lottery ticket, or an
equivalent thereof, "for the purpose of disposing of the same," is shown
by the fact that the case was thrice argued before the Court, and the
fact that the Court's decision finally sustaining the act was a
five-to-four decision. The opinion of the Court, on the other hand,
prepared by Justice Harlan, marked an almost unqualified triumph at the
time for the view that Congress's power to regulate commerce among the
States includes the power to prohibit it, especially to supplement and
support State legislation enacted under the police power.[498] Early in
the opinion extensive quotation is made from Chief Justice Marshall's
opinion in Gibbons _v._ Ogden,[499] with special stress upon the
definition there given