Delaware State journal and statesman., 1862-01-24
Communicated.
The Junction and Breakwater Railroa d
Company and Lotteries.
Communicated

anu bAbdhWdlCA AAdlllUh
Company and Lotteries.
Ma. EoIToR
The Inst issue Of the Milford
Rsps and AdDsrnser, contains the proceedings Of
tile Annual Meeting Of the stockholders Of the
above named Railroad Company, to which
desire (very briefly to call the attention Of the
numerous readers of your paper.
A preamble and resolutions were adopted BY
the meeting 10 which have referred. The pre-
amhle states in substance, that the Legislature
in January 1869, passed an act authorising
Richard France to raise the sum Of $720,000 by
Lotteries and required to pny over the same 10
the State Treasurer, in Hemi-annual instalRents
Of SIS 900 each. And further, that the sum Of
S2I6,O00, portion Of the sum thus authorized
to be raised was appropriated for the conetruc-
ton, of a Railroad from the Milford Junction
10 the Breakwaier. Aud, that the fret four In.
sialments were regularly paid by the said Rich
ard France or his assignees but that the fifth
nstalmenl was not paid for some time after il
| fell due. And II is further stated, that in consi.
deraton Of the promised aid of the State, many
persons were induced to become stockholders In
tue said company.
The following is copy verbatim Of the se-
conl aud third resolutions adopted by the said
meeting The first resolution is omitted, be-
cause the main idea embraced in it, is cOmpre-
hended in the second resolution.
- htSOtttu, Iudl tnt NlAuuEHNhl VI tue pro-
missed aid of the State under suoA circumstances,
would be an act of bad faith, which cannot be
justified on any principle of justice.
" Resolved, That the propriety Of lotteries is
no longer the question 10 this case the time for
ita consideration having passed. But the ques.
tiOn now In, whether this Legislature will violate
the plighted faith Of the State, by repudahng
the deliberate and solemn act Of the Legislature
Of 1862
TO those who are well acquainted with the
manner 10 which the act Of 1863 was passed
through our Legislature, the latlef part Of the
} last resolution must sesm 10 he rather ''ricb.p-
1" Deliberate and solemn act" Gentlemen, Of
" this Legislature beseech you to beware how
you 'repndiate the deliberate and solemn act Of
the Legislature Of 1859 Gentlemen Of this
Legislature" If you have any misgvings as to
the morality or rghtfulness of lotteries, | en-
treat YOU 10 suppress at once all such sentiments,
lest Jon may be induced under the influence
thereof, TO "repndiste the act of 1869 that
passed the Legislature go deliberately and
iolsmaly.
, Il will he perceived from the tenor Of the re-
solutions quoted, that those who adopted them,
entertain The view, that " this Legislature" can
J at will. either revive the grant in question, or
d can "withdraw the promised aid of the State, -
d thus plainly implying thht the failure in paying
4 the fifth nsiallmeut WAea due is regarded by
them az working a forfeiture Of the privileges
q granted to Richard France or his assigns by the
O act Of 1862.
II is fact, well known 10 those who are &C,
& quaiuted with the history Of the passage of the
q act Of 1859 through the Legislature, that the
u parties who obtained the grant. would not nccep
a it, but hut upon tho condition Of allowing them
Il by the terms ef the act, to render null and void
the contract between them aud the State by
Il refusing or neglecting to pay when due any o
the aem-annuAl installmentA.
. ,hn hnrt md 40 tUna IN
4 neusr bound IN pay to the State 1920 600 because
i the condition TO which have REFERRED gave /,
him the power TO break the contract, whenever
his inclination, or his interests prompted him q,
to act. If therefore, the contract is not bindinI
on one party tc upon what principle Of equit
can yon ho the othtr
The contract between the State and Richar
France and his assigns, was in substance simply
this that if the said Richard France or hi
ht assigns, having an eye siugly to their own 10
teres,s, and exercising the discretionary poWe
,d conferred upon them by the act, shall deem !
is best, in consideration of the privileges thereb,
nd secured to them, to pay the State Treasurer tn
d. sum of SIS, ,000 he can then by virtue of thi
NO act, avail himself Of certain lottery privilege
for six months and so on for twenty years II b
"a prefers to pay as stipulated, and If not that
d. the end OF it-this firmly believe was the IN
of derstanling of the parties to the contract, Whe
he made. The neglect refusal therefore of Rich
be ard France or his assigua, TO pay the fifth in
Ia sIament when due, is not o violation of th
contract. between him and the State but, a ftl
be Glimeat Of The terms prorid,d for ns d5FogGhsn.
n. Why then this ado about " violating tn
d, plighted fuith Of the State" ii the Junction an
he Breakwater Railroad Company shall only receiv
nd their portion Of the fonr instalments that hay
st, been paidl II from ignorance Of the provision
s OF the act Of 1869, OF influenced with the bell,
Al. that Richard France, or his assignees, woul
nonfiuun "a tho u4tnllmanfa oa they "a
due, "many persons" have been induced I
ci. subscribe to the stock Of the Junction an
me Breakwater Railroad Co1pany, aud their ii
,ot erests ure NOW likely to be affected by the MOI
payment OF the installments in question, il seen
pf- TO me simply misfortune, to be justly attrib,
io, ted TO their want Of proper discretion and n
zen to he Temedied by resort TO means that vi
m. prove detrimental to the interests, aud ninriot
q the morals Of others.
What has been written is intended to apply
Ip the matter under consideration, with the pr
sumption, that the act of 800 having passt
through the forms of legislation, Is legally hint
ing according 10 lis terms, upon the parties affec
. ed hy ii. Bit il is notorious, that the passage
" tie dct Of 1853. iods Fraud upon The good peop
u Deiapars 1t is notorious that there we
Influences brought to bear upon the Represents
tile tges Of the people that were calculated 10 pr
has vent an honest expression Of the popular will
Not single petition was presented to d
IA Le9lslainfe, praying the enactment OF such
law, while on the contrary hundreds upon hui
drcis, united in demonstrating against the ps
., sage Of snch an act II was rushed through d
s ,ne House during one session against all order al
= in opposition TO well established parimenta
'es rules suspending the rule that requires OIL
,u" =, day = notice, of al intended motion for leave
ny, bring in bill, by majority. instead of tw,
~ ~ thirds vote. Suspending by the same majori
'he vote, the very important rule, that forhids Il
NY reading of bill twice On the same dsy.
''e short, the manner Of its passage through Il
'hs House was 40 q! variance with precedent ar
rule, 80 utterly subVersise of the principles
lti justice and right, that il will not, think,
W. deemed improper to apply the Ian suage that
~, 'I,ot and tumnlt hsd their sway,
I" Whilsthe damnIns deei was done
M So "Dellberaie and solemn act OF the Legislature
n' w. 1859 ,"-.this is certainly all Joke.
- Gentlemen Of ''this Legislature p you are Il
y! proper judges whether or not, you are 5o4,
~ inder tie circumstances by the act of the Leg
~ lature of 1859, aud whether not "the propri
.uly ty OF lotteries is now an open question"
~ Your last action assures me that You "
~ maintain your Independence, and act in acco
Ple dance with The dictates of right and justice.
shy EQJAL RIGHTS
py Jau. II, 1862.