New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-08

the said act being numbered No. %. and
that sad corporation has been exercising
the powers and privileges OF corporation
so far as to make binding Dpon them the
terms, conditions and limitations spec11eQ
in said act Of incorporation.
Your petitiouer represents thas i was
the meaning and intent OF said act OF
INCORPORATION, that for the protection OF
the people and the security OF the declared
nolicv Of the State touching the sale OF lOt-
tery tickets. the said Louisiana State Lot
tery Company should itself, as corpora
ton. solely exercise inc TlgLts ana pTlvi-
Ieges conferred, which were 10 establish a
SINGLE solvent and reliable home institution
for the sale of lottery tickets OF the LOuisi-
ana State Lottery Company at terms and
prices in lust proportion 70 'he prizes to DE
drawn. and 70 insure perfect Harness and
iustice in the Distribution OF such prizes
and for the discharge OF TINS responsible
trust, involving grave questions OF puohc
morality, and the exercise OF the ponce
power Of the State, II was PROVIDED IN said
ac, that all power OF the corporation shall
he vested IN the board OF directors, TO con-
sist of seven persons. each OF whom shall at
least own ten shares of the capital stock.
Your petitioner represents that IN further
ance of the declared purpose OF sad act OF
INCORPORATION II was provided mat the com
pany should only have The TSnt 10 COM
mence operations when SICU,UuO OF It's stock
was subscribed and paid II, and that the
said corporation sH0uIu Pay ~ TIE Slate
$40 600 Der annum, payable quarterly in
advance. from and after the Lrst of January,
1865. and to secure the prompt and pu1ctual
navmenr of said SUNS, The corporation
should furnish bonds 70 1he AUDITOR ID the
sum OF SoUUCOs -.
Your petitioner represents thai SAID Lou.
isiana State Lottery Company has violated
the provisions OF It's charter py MAKING con
tracts with Charles T. Howard. OF New
Orleans. Zachand E. Simmons and john A.
| Morris. OF New York, ana Charles II. MUIR
rav. of New Jersey. il or about me year
1870 the Drac;se date of which is unknown
% vour pet;tjonpr, The said contract beng
| a nriyate act ana N the possession OF SAID
narties interested. by which said contract
said company delegated to the SAID parties
the powers, rights. privileges ana francnlses
| of said corporation, wholly or in part, salQ
narties publishing themselves as the firm of
| Howard. Simmons s. Co. contractors, and
subsequently as Charles 7. Howard & Co.,
| mansGers. said CORPORATION thereby and
! otherwise rendering itself guilty OF mlsuser.
nonuser and abuse Of its franchise, 10 the
| derrimept of the morals Of tie people and
! contrary to The declared policy and pur-
| poses of said act Of incorporation.
Your petitioner represents that said
| LOUISIANA SLHlt AbNlS-S W. IVY ~
tent with exercising the extraordinary and
| DANGEROUS franchises conferred, has ar
| rnoated TO itself and usurptd The power
| and authority 70 permit otter corporations
| and uarties to draw lotteries n the State OF
| Louisiana other than the lottery established
| bv said act OF incorporation; ana petitioner
| COMPLAINS and AYERS thai SAID act OF usur-
| patton of franchise has Uetn COMMITTED III
| the following instances: 900
| In la orr mart OF NOTeIl Der, 1871
| or Whereabouts, said Louisiana State Lot
terv Company authorized the French Ba-
| zar Fair. held at the st. Louis Hotel II
| the CITY of New Orleans, TO draw lottery,
provided it was not for money, and IN con
| nection with said institution special author
| ity was given 10 Charles CaVaroc or other
! parties connected with said bazar 70 draw a
! lottery for the prize OF SJUO0 III gold. which
said IOtterie. were drawn because OF sad
permission, il being a notorious tact, known
| 70 said corpCration, that The proceeds OF
| said lotteries would be withdrawn and lost
TO the State. and be transmitted 20 France,
| all Of which was in violation OF the express
| provisions Of the fist section o. sad act OF
| incorporation.
>. Authority and permission was given by
said Louisiana Lottery Company 70 a.
| Rochereau and other parties IN the tail OF
| 1870 TO sell in .his State tickets IL the Lot
| N
tablished III France by the ministerial de.
cisiOn of September s, 1870. as appears on
the face OF the tickets of said lottery, which
I tickets were sold n the State under sald
| authorizations and peTmlsslons, the same
| being foreign lottery. ali oi which was IN
violation OF the terms and provisions OF
| said act OF incorporation O1 sad LOUISIANA
State Lottery Company.
g. In :he month OF January, 1873. the
| I S-u-a I n t'pmn4nN
thorized and permitted the Fair Grounds
| Association, incorporated by the laws OF
| Louisiana, 20 establish a grand lottery
within the State OF Louisiana 70 DE drawn
for the relief OF the Fair Grounds Assocla-
ton; said lottery being tor money and
other prizes. and IN pursuance OF sad per
mission granted. the tickets oI sad lottery
have been ana are beng solo n tne STATE
OF Louisiana.
Your petitioner represents that in each ct
the above specified instances the said Lou
lsiana State Lottery Company acted with
out any warrant u law. ana has used ana
exercised its liberties, privileges and iran
chises without any authority. grant or cnar-
ter from the State. and that said acts were
usurpations upon the people OF the State
aud IN fragrant defiance OF the fundamental
power OF the State 10 guiate the high pre-
rogative Of the police power Of the State:
Your petitioner represents that IN VIOLA
ton of the express provision. Of sad cnar-
ter, said company did exercise the right to
| commence operations before SlUO,0uO OF the
capital stock was subscribed and PAID II:
and that in further violation of said charter
said corporation has no. paid 70 the State
the sum of $4,000 per aunum. quarterly IN
| advance. from and after the first OF Janu-
arv. 1869. as provided in said charter; nor
| has it furnished bonds 70 the Auditor, as re-
| Uuired by tie second section of said act OF
| Incorporation, i telng intended that sald
bonds sLoud be furnished each and every
year.
Your Ie.!t;ont: represents that sad
Louisiana State Lottery has failed 70 elect
its board OF directors regularly. as pre-
scribed by the law OF its charter, and that
said directory has ceased 70 exist, ana that
said company by is failures and omissions
to use and exercise is franchises, as pre-
scrihed by law. as above set forth, and by
its fragrant UsurpatsOD Of franchises, ana
by Its violation OF the terms and conditions
OF its charter. has been guilty OF the OF
lenses stated. and mas thereby, tor each one
OF the causes stated. forfeited 70 the state
lts franchises, rights. privileges and cLaf-
ter. and has caused damage 20 the State
aforesaid in the sum Of $4,000.
| Wherefore. the premises considered, petl'
toner pravs that said Louisiana State Lot
terry Company Ue cited. through It's pfesI'
dent. Charles I. Howard, 20 answer this
petition. and after iue proceeding there be
judgmen: IN ;avor 0t .he State. declaring
the forfeiture Of :he charter OF said cor
pOration ana dissolvins the same. with
costs ard damages aforesaid. and reservlng
the right 70 represent Other grounds OF tor
teiture. the petitioner prays Tor genera. re-
lief.
State OF Louisiana ex rel. 4. P. Fled.
| Attorney General N mt, OF r -
Mahan, Va. Accommodation Bank. Plan n
tiff sets forth that John Lockwood. j. y.
Burchard. J. ". Whitman. {. B. Benton
and Z. Il. Wood. withou. being incor-