The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-14

states by restricting and regulating the sale OF
lottery tickets, by said act recognized as articles
| Of commerce, and combining the sale thereof 10
special channels; that said act 10 generally con-
,Tsty 70 the provision: Of the Constitution Of the
allowed 10 have assc, c,ss,s. a nsrnicions and
Ssossyons naono,o,n =. Sa,,srp ha,,os ,norss
THAT said vrit of ;n;nnction nad been
jssned unsdvisedlv ana xi.bons snthoritv of law.
T, = nacasssrv 70 r.anasd i;t,Ia sn,t5sr IN the
indicisI bistoiv ~ hi. $40 hssors This oonrt IN
r5s,etand ~ oo,s,ot - osasrs exys,ino hetvasn
chs conrt and ,bo asth n,.,o, Cont soy tha nav,
an NJ Orie.ns m a. i9ss ~ fsrnsyv 1880 tha
oonnseI for ds,snd.n,s 80 ala an aycantio, to
ss;d snt svs,,n ,hs Observation-Disclosures ~ thst
at in he sama so,Ss ana sourss that Thai, rnla
- 1nssb - wrs.,ar sru .Is ssa an answa, ON
H. iish isnns,s - a., r sso - tss cssa hrog.
~; nn sgsin y, yhs no,ss; - sh;s "nr,. az
s ~ s n,a se " ssi.,,.,onsIi,. ned =;
,bsi, rns a. "nssh .nd ~ shair s~nsntion the
80. S;aa.snoS .S .n M ~ ,.nsd d;ss-sn,a -
80 =; ,h.; m - 20. s " , o. ,h., a. 1891
.n"t roo;as ~ :. NV ;SrS haso.a no,csaano
-, ra-s,snoo =; ~. 81. .hso~;h.d ~ na;S ~
TSev denv The cornors.s snt,tv Of nl,intifs he.
cause said act n Alleged uncoustita,ionsl. and
yery properIy reserve their rIQht 10 claim dam.
AGES IN tbis CONT decide the Act of the Leasla.
tnre unconstitutional and void. The obyious res.
son of this reseryston of their claim in damages ia
that in order 10 claim DANCES the act must be
declsyed nnconstitntional. II declared constitu
tionsl thew have no claim whatever. NOT even the
shadow Of claim In damages Against the plain.
Now those identical pleas. proceedings and de.
fenses of the defendant befare this oourt and In
this oase Are made the snbjeot matter of his pe-
tition addressed 10 the Sixth Distriet Court. and
upon which be has obtained . writ OF Injunction
from that court. positively prohibiting the plaintiff
In this court from exercising It's rights privileges
and lmmunites as corporation, notwitnstandlng
the fact that the plannn In tina court long prevl-
Gus 10 the issuance OF tnas wrt OF inluncuon oy
the Sixth District Court, had positive and per-
emptory order OF this court 10 exercise and
continue TO exercise It's corporate rights. PRIV
leges and immunites rs granted In the act OF Au-
gust IL, 1865, incorporating H. any orders OF any
court 70 the contrary not~itnstanoins, pu. unsli
the further order OF this court 30 far Tor the his
tory OF this case % appears from the records OF
the Fifth and sixth District Courts.
Inc eouit win nov panUseu 80 h ,hs "a, .ae
kIosnus VI t. sss .'s 20 Iy,h ,esS en
ienus.s esolns. ne ~ y. ~ ~ $1,000 80 80 ~.
nueu an ao' W ny. esso 1 lesonuos Va nS
otsse, nu " 49, .,s ~. c.a,o otsa.v com.
e..apsnnens Va suS s; i o'esS =; 49,
Peny' snu =" iopeo' 0o' so. N"s ~" "
Inc oeienaans AYERS mat SAG acs 10 unconsS.u
uonai, because II 10 ieise IN us uue 10 tnm nas
II 10 entitled IAN act TO increase tne revenues OF
the state, whereas, on the contrary iar from IN
creasing the revenues OF the STATE does enectu
ally diminish them. The ruling OF the court, ex
GLIDING any evidence on that point, does Of it.
self do away with that objection for there 10 no
evidence, under that ruling that the revenues OF
the State are efectuslly diminished. But as the evil
L
| by the defendants counsel, the court might as
| well examine II and decide thereon. An extract
from the books Of the auditor lof the State show
copclEsively The fact that the whole revenues OF
the State derived from lottery dealers In 1866
| we're $50 ,636 %; in 1861, $34,S9S SO In 1865,
,779 OIL, and in 1859, under the act in question
| as it now stands, the annual revenues shall be
$40 000 showing, therefore, an increase ofs3 1868 u
over the most prosperous year OF revenues from
1 lottery dealers. Evidently the Legislature In the
legitimate exercise OF its legislative functions had
| right to conclude (seeing that the revenues OF
the State from lotteries were yearly diminshingl
that il would be better to determine positively and
| definitely the revenues at o sum exceeding any
previous revenue from that source OF industry or
dealing. by granting certain rights and privileges
| to the Louisiana State Lottery company.
| Rut il NAV be oontended BY the counses for de-
fepdspts that the words 'to increase the revenues
of the state - mus, mean ali the revenues of the
State as q whole. Such q construction of the title
of that statute might fail for in the Interpretation
OF the title of statute all the words of the title
| must be taken and considered separately and to-
| oether lust az IN the Interpretation Of the body
| of A statute SO that no sentence or word shall
be superfuons void or insignificant. (See A. R.
| l62 s A. R. 5l6, IL A. r. 722) Now the act is
entitled " an act TO increase the revenues Of the
| State and TO authorize the Incorporation and es-
tsblisbment of the Louisiana State Lottery Com
| pany.n That last sentence evidently leads the
| court to the conclusion that the words IN that
title, Ito increase the revenues OF the state
|
| title were read. IAN act TO increase the
| revennes of the State In lottery matter. u
| Again n Ia commended that the title IL untrue
and Ssfeotive in tbis that n enly Authorizes the
incornorstion and establishment Of the Louisisns
State Lotterv Company, whereas the body oil
ssid Act doe, eectuslIy incorporate and establish
| the said conpsnv. This IN the opinion OF the
conrt N a NAV unon the Grammatical coustruc-
ton OF words In the Interpretation Of the title Of
The Law the words of the title are not 10 be
strictly and Technically Interpreted; II it state
The object according 10 the understanding OF res
sonsble men. ii satisfies the Constitution. (6ee {
| A. R. COS: A. R., 329; ii A. R., AS, GIL, ~
"a n, s0ll (See. also. the authorities re-
| ss,,ad 20 nv tba eonrt IN ths preceding ground
| snd tbs nrincinIes tberejn laid down for the ia
| tarnrssaiion ~ The statnteN Rat admitting. 70,
1890 ~ .rgnmsnt that the title does not cove
| ths sfssctnai fnrornorstion and establishrneut O
the Ion,sisna state LOTTERY Company, the oour
uonid snsver that n Ia net necessary that 4
shonId. for the INCORPORATION and establishment O
a compspy Authorized 10 be incorporated snt
sstahIi,hed IL An inoident which IN the decision O
| the y q. In the m A. r. %. 72a. las. GIL, and /.
Ar n 30I and Others above referred 20 by III,
conrt he correct ! need not be Expressed 10 II
ti,Ia
Rn, the conrt contends that the title doe
| a-oesr.II,s oor.r ,hs fsct ~ ircornoration an,