The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-16
L. 5 SUPAEME COURT-

N~LDsEsDAY, Feb. !.
Chastdin Clarke VS.. The Corporation Of tV
City Of Washington. The opinion of the cour,
il this case was delivered by Ar. Chief Justice
Marshall, reversing the judgment OF the Cn.ul
Court Of the United States for tie District Of
Columbia and county of Alexandra, and IL.
manding the case to the Circnil Count With ia-
structiohs 10 enter Judgment ON tie case agreed
for the plaintiff.
This was an action brought against the Cor.
p~oration OF the City OF Washington. 10 recover
the sum OF So, GOO, with interest, being the Is
mount of the prize OF $4,000 with a deduc
ton of Ii Pc Gem. dfsNH IN a lottery IN the q.
~ OF Washington, III ic. tbs authority Of the
charter ofincorporation Of SAID city.
Under this charter the corporation is enpow.
cred TO authorize the drawing oflotlefies N aid
OF the ordinary revenues of the city, to accom.
plish objects not within The reach of then ODD
nary funds, not exec. ding. the sum OF $1,000
per arnnm, and the Obi cts to be accomplished
being first approved by the President o. the l.
nited States Tor the time beng. In pursuance
OF this authority, the corporate authorilies PAS.
ed sundry ordinances, aud appointed seven per.
sons as Managers, 10 carry The same into exefl.
ton. These Managers entered mic "a coni'ad
win one Dasi' Gillespie, by which Gillespie u'
deriook 10 draw The Lottery in question, aud 10
pay all prizes, for he sum Of 81 900, and tooA
from him a bond conditioned for the faithful if
hinlont OF his contract. This sum was paid ~
him into the city treasury, tie managers ap'
pointed by the corporation signed the tcbeD,
superintendent the drawing. III pagsuance OF lux
or hlauces. When the draw ing was colntr.
ted, Gillespie absconded and this pri3e, WIZ
others, were left unpaid. Under the idea 'ha
the corporation was responsible, this sun was
instituted and the opinion OF the Circuit ,ou'
being in favour 0fthc defendants, inns "rfoi u
ror was brought 10 review their judgment
The liability of the Corpola llon was hemFA
upon va, ions grounds, but more paticu"'l
because the power givenby the charter W"s "
authorize the drawing OF lotteries, preclsel. - =
authorizes them to license auctioneers, pe"'TIi.fH
%tavefns, &c. that this involves no respon'"|
~ for the misconduct of those to whom uo i
ccnse is given. Tia. in this case the Manage
we're empowered by the ordinances TO aap0S
OF the right to draw a particular lottery. ~.
authority was executed by the sale TO uIilespN,
VINO, by such transfer, as well as by ue Wv
OF has agreement, became the sole pfoPi'e'l
the lottery, and exclusively liable to Tue P"I
ment of prizes.
The Court decided that the authority 10 '"ss
money by way Of lottery, was a prlVieBe -
ferred upon the Corporation, involving !" =
exercise high and important trusts ana iestI
sibIIities. That il was in lis nature ulalhh"'.
The Corporation could neither transfer n'f M
er nor avoid the responsibility. lIat IL m
case the evidence showed that the persons vi. aha
as the managers of the lottery were 'he - "| .I.r
rised agents OF the Corporation thai I'D al ' IN
acts they were within the scope OF thln md
riiy, retained the control over the io''is ,n
assisted in their official character III suPeA"c
ding the drawing. That these acts oil IL n
ayers, and the various advertisement /" ~
newspapers of the city, under the eye hca
managers and of the Corporation heio ,J
out to the public as the agents OF the Guy, al,
not being contradicted, but expressly Al
ed, must be considered rs sanctioned pF I'M |
thority. That the ticket was properly Sis"+sGf
one of the managers, in his Official cn"'" Ne |
and is sufficient evidence of a CONTRACT Tie !
part Of the Corporation to pay the pr'z' d
very agreement with Gillespie was an " r.
these managers in their official chara'"mh
cognised by the Corporation, and constr MAI
recognising the authority and acts Oh "'
ayers. lin, &
The Bank ofthe United States, VS.. Jun ms
Dandridge and Others. The argument NJ A.
case was continued and concluded pS
tsrney General for the plaintiff, in error. ,cs