Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-07-08

The Superior Court OF Law for the trial of criminal
causes commenced its session Wednesday last 9th
inst. The Grand jury having been sworn, Judge
Brockenbrough, after submitting its considerations
some preliminary observations the extent of IFS
nina! jurisdiction, and designating the particular acts
OF the General Assembly which the Courts OF this
Commonwealth especially directed TO call the at
tent'on of this body proceeded TO make the following
remarks, on the late act of the Legislature for the sup
preston and prevention of The sale of Lottery Tickets
within this state, which went into operation ON the list
May, 1925.
There is subject connected with the avs ap,ns,
gaming to which must most particularly draw YOUR
attention. by the Act of 1920, it was enacte, that
no person nor persons should buv or sell within This
commonwealth any lottery ticket part or share of
any lottery ticket, except in such Lottery or Lotteries
as ma, ne authorised by the Laws thereof There can
0e ou' mile improPety, i'll this stating what is
uooouS 10 every one, that since the passage of
That Law and IN violation of H. foreign Lottery tic
rave been constantly sold in this cy and probably in
every town IN this Coinmonwe ah. 1t is said that the
Lottery OliCc keepers attempted to cvade the aw by
receiving the price of the tickets from the purchase,s
and by affecting pretending 10 send on the nrety
anu an order TO their correspondent, of the north
ern towns, by whom the tickets would be transmitted IN
he Tor the benefit of the purchasers. If this were a
real transaction II would not possibly be embraced by
The Law but so little reality there it, and SO finn
sy 'he preteXt that in few minutes after the money
|
handed to the purchaser II is impossible that so thin
ven could nave concealed the egaity of the trans
action before any Court Of the Conmonwe ath if il
iad ever been brought into Court. Yet the 7 aw las
not been enforced: and do not remember to have
heard OF single instance, in which prosecution has
oecn carried OH under IT. The Grand Jurics have fail
cd to make presentments of cases. and as no uer
son would come forward inormer they have per-
maps, not thought it their duty send for witnesses or
70 make any enquiry Hence the Law has heretofore
slept on the statute book mere cqpjek noyfu,uu-
Al
SION should be any longer practiscd; the failure Of
|rand Jures, and of the Courts to enforce the former
Law has reused TO greater cXertons ard at the late
session, 1t enacted Law, much more ririd than
the former, Which il is confidently expected that the in
dietary OF the country will enforce This new Law took
eject on the st day of May last, and this is the first
opportunity this Court has had to bring the subject
oe'o'e the Grand jury The Law provides, that every
sale OF Lottery ticket of any part or share thereof
!" any oucry mol authorised by own avs and eve
ry bargain contract agreement made for the s,I r
Tor TIC procurement for another person of anv such Lot
,ey tIc>et or any part share thereof shall heucefo
.'sue'heaior; ana any person who shall sell such
OF any part or share thereof either in person or
ny P|"FY' or VINO shall b9rgain contract or arree
either IN person, by proxy, sell or procure FIR
ter or TO ms order, any such ticket or part or share
hereo or who shall act directly or indirectly as aren't
attorney or proxy, in the sale in the bn,@i co,fy
or agreement for the sale procurement for another
OF snch Lottery ticket any part or share thereof
S'aii ioiie Tor each offence 600, and be imprisoned
at me discretion of the Court for term NOT ceed
p'ue hlonul by the 2nd section the law If is de-
ciared that IT shall not be lawful for anv nerson tn
PPcn o'teIy oice or other place for traficking or
'deaiing III lottery tickets Except such as are aubo
i!scu Dy The Laws OF the satel by sale or otherwise.
nor u set up hang out anv sirn or tsen Vbe,hor
painted printed, written wood pasteboard paper
OF other thing giving notice, designed TO give no.
lce To the public, tat Lottery Tickets such as
hoco may be purchased procured al any such Office
OF other place. through the aid or agency of any ner
SON ana every day that such Office or other noco
snail be opened or kept open or such sign or token set
tIt- nu TIf
oHehce The penalties for these offences arc he for
e'"rc OF 500 Tor the first day such Office is opened
S"0a syn OF token set up &c and go each day there
er ana imprisonment Ia, the discretion of the Court
Oh not less than one more than six montI,s
IS obvious, Gentlemen, that if this Law be enforc
u " WIN put stop to the sale of foreign Lottery Tic
Kets within tins commonwealth. Why shall not bo
enforced! II is undoubtedly within the province of
The Court, or the Grand Jury or the PettJnrv t on
qhlre INTO The P0t'cy of the Law. We have no right
ellher 10 make Laws, or 10 repeal them by refusing to
carry them INTO effect. We sworn to expound and
enforce the Laws made soleInDly by the Body elected
by the people for that purpose. Shall we then nern;t
ihe Law to be longer evaded by shifts and conryances,
~ must ne recolected that the Laws made against ram
ing IN aHHs |OTnS not TO be construed like Other
nal laws for IT is enacted by the Goth section fof Tho
reduciDS INTO one the several acts prevent unlawful
gaming st Vol. Revised Code p. Sc ~ that sin everv
case that may arise under any lars for the preventing
diScouragng, or suPpressng of gaming the Court shall
interpret them as remedial, and not penal statues
IN every case then, the gaming laws shall be so con-
j H.
Chief. We arc not confined to the mere LITTER
You VIII bear in mind, this provision of the Law in
your retirement. IF you have evidence before Won
winch proves that any person has sold Tickets or pro-
cured them for others, by whatever name they NAV he
called or has opened Lottery Office, or hung up sion
or tokens, in violation Of the meaning or intention of
the Act IT proper that you should present the persons
20 offending If you do not know the fact of your own
knowledge, yet you bound to make digent onnuirv
TO send for Witnesses and wien they are brought be-
lore you, they may be compelled to all proper
questions.
Although VIC concur in opinion with Judge Brock
enbrough, that il is the exclusive province of fbe
Court to expoupd, and Of grand and petit Juries TO
enforce the law, declared by that department of
the government which is invested by the people with
legislative power and that neither the one nor the other
has right to enquire into its policy, unless it be for
Use purpose Of calculating the legislative will vet we
consider it to be the mPerious duty Of every citizen
OF the commonwealth closely to examine infinitely to
scrutinle the which induced the passage of
law and IN olserva f,c copsoororoaa Ill