The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-18
THE LOTTERY PROSECUTIONS,

We are informed that several parties
charged with selling lottery tickets In viola
ton Of act No. of 1874, will be arraigned be-
fore Recorder Miltenberger to-day. A few
days ago we called the attention of both the
recorders of the city to act "a of the constitu-
ton which limits their jurisdiction to that
OF committing magistrates and to cases
arising under the police regulations of the
city, and which provides that, in case they
overstep these limitations, they may be prose-
cuted for damages and expelled from office
We showed at the same time that under this
provision the recorders not only had the right
but were imperatively required by 1t. to de-
termine whether or not under the consttu-
ton and laws they had power to convict and
sentence citizens Of Louisiana as directed by
act No.9.
We now direct the attention of Recorder
Miltenberger to act No. % of 1868, creating
the Lottery Company, and to act No 10 of
1874. These acts make the selling of lottery
tickets State offense, to be prosecuted by IN
dtctment or information before a competent
tribunal like other State offenses If. therefore.
the selling of lottery tickets is illegal it is a
crime against the State just as larceny or for
gerry Is a crime against the State It Is
not an offense arising under q police reg,l-
lations OF the city and the recorders have
no more right to convict and sentence In such
cases than they have TO convict and sentence
In cases of larceny. burglary and manslaush-
ter.
Article OF the constitution Of the State
says: prosecutions shall be by Indictment
or information. The accused shall be entitled
to speedy public trial by an impartial jury"
etc. Act No. 10 Of 1863 makes the selling of
lottery tickets in violation of the rights of the
Louisiana Lottery Company misdemeanor.
to be prosecuted like other State offenses on
Indictment, or by information and before a
jury.
Trusting implicitly in the integrity and
patriotism of Judge Miltenberger. without
further discussion, we direct his attention in
behalf OF the people of this city who are
watching the issue, not Of these trials, but of
these prosecutions; first, to acts No 25 of
1868, and No. 10 of 1874. which make the sell
ing Of lottery tickets in violation of the So
called rights of the Lottery Complny a
State oFense.
Second. To article of the constitution, |
which requires that all prosecutions shall be
by indictment or information, and before a
competent jury,
Third. To act No "a of the constitution,
which limits his jurisdiction to the trial of
cases arising under the police regulations of |
the city, and to the functions of a committing |
magistrate, and which makes him. In case he |
exceeds that jurisdiction, liable to prosecu- |
ton for damages and eviction from office.
We know so well the high character of Re-
corder Miltenberger that it Is hardly neces-
sary for us to say that we make these remarks,
not because we fear he will not do his
whole duty fearlessly as he understands it,
but only to aid him, If we may presume to do
SO. in reaching conclusion which will re-
dound to the good of the whole community
and to his honor and character as a judicial
officer,