The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-07
NEW ORLEANS. MARCH =, lszs.
THE REVOUABILITY OF LOTTERY
CHARTERS.

Iii previous articles II has been shown W,
think upon very high authority, that neither
under the general law-maling power Of TIN
Legislature " this State nor under Its police
power, had that body the constitutional right
10 grant such charter az that Of the Louisi
ana Lottery Company, nor TO pass an act 81
that character which should be irrevocable by
n subsequently elected Legislature We said
that The repeal IF The lottery charter might be
reached In either Of two ways. /. BY an act
simply repeating 1t. Or 3. By penal statute
prphibitury Of the sale OF all lottery tickets
within the State. Both these measures might
be adopted at the same time. The value OF
Towards charter consists In the exclusive
privilege" which 1t grants. Repeal that. and
other lottery dealers would compete with
him. IL is the lottery cnmpanys poisonous
and corrupting influence which we desire to
see destroyed, and this IL could no longer exer-
else were IL subjected 10 competition.
In support Of our proposition we now sub
NIT additional authorities The first is the
case If Phalen W. State Of Virginia, reported
IN 8 Howard. United States supreme Court
Reports The facts In this case were as fol
lows:
convicted on an Indictment for selling lottery
tickets contrary to the act or the Legislature
Of Virginia of February al, 1884, for "the sup
preston Of lotteries" He pleaded in his de-
Tense chat the said act of the Legislature
was void, being contrary AS he contended to
that clause of the Federal constitution which
prohibits the States from passing sany
law impaiting the obligations OF CON
hacts:' that the lottery tickets he was
accused OF selling were disposed Of I'M
der and by virtue Of an act of the
Legislature of 1922, which authorized the
I missing, through five commissioners. by way
III lottery or lotteries, the gum of $40. 900 for
The purpose of improving a certain turnpike
road. This latter act contained no limitation
M to the time or period when this authorize
lion was TO cease, and nothing was done by
its heneficiares to avail themselves of the act
until 1899. In this latter year lSa9) the COM
missionels entered into q contract with the
plaintiff In error and another, authorizing
them TO draw as many lotteries as they
thought proper paying TO the commission
ars $500 d year. That Is 60 say, The |
commissioners undertook 10 transfer TO other
parties, In the year 1899, The privileges
fer was made five years after the passage, on
February b, 1854, Of an act to suppress all
lotteries. under severe penalties, after Jan-
AIRY |, 1897. but containing pruviso except
ing contracts for the drawing of lotteries
under existing laws, II said contracts did not
extend beyond January |. 1870 It was by
virtue Of this contract with the commission
ers that the plaintiff IN error claimed i'm
munity, contending that the act of 1899 con
fefred q valuable right or franchise on an ex-
listing corporation without limitation Of time:
that it was contract, and that the act of
1884 had attempted to limit and curtail the I,
previous grant. and niuriously 10 abridge it,
and was therefore void, as impairing the
obligation of contract
This defense did not avail the convicted i.
lsatty, and the highest court in Virginia af ;
tirmcd the Judgment of the court of first in ,,
stance. The case was then taken up by writ
Of error TO the Supreme Court of The United >,
States, which rendered. through Mr.. Justice !,
Grier, the following opinion. refusing to re- :,
verse tho Judgment Of the Virginia court: )
1t might admit of como doubt whether tho :,
act OF 1922 tthe act authorizing the lotteries
grants any franchise, or constitutes any con Il
appointed or with the turnpike corporation. il
Imposes certain duties on each. The commits u
sionsrs arc required to use the liecuse thus u
given, not for their own benefit but for public
purpose The money procured by the pro- o
nosed lotteries Is e BE- paid oyer TO the Fauanier 81
them expended in the Improvement and repair u
Of the road" Ii
When the Legislature of Virginia passed. this e
most sa ntary act for tho suppression of lot 3,
ertea, they. with commemorative caution. pro. =
ected all vested rights And Notwithstanding
he neglect ~ perform the duties imposed hy d
Inc act of 1899 tho act of 1894 does not revoke 4,
Ms ns grant = OF annnt ths license but limits tho
% performed and the privilege exercised, N
ahicn state Legislatures are restrained from ii
aasslng any awimpairi tho obligation of con -,
rac1s. does not extend to all legisati, about o'
,onffaets, They may pass re ording ats by 81
Thieh an .lder grantee shall be postponed 10 !
younger If the prior deed be not recorded with. ~
y limited time; and this, whether the decd be /
lated before or after the act, Acts of limitation
also, giving peace and confidence to the actual
aessessor OF NE sou aud refusing the aid of IL
racts, after a certain time. have received the :
'anetion Of this court Such acts may be said "
y right yet rs reasons Of sound policy nave =,
20 e their adoption. their validity cannot be IL
u reasons Of sound policy Justify Legislative
with contracts OF individuals. how
auea more will 1t justify the limitation of Ii A
tsnsas so injurious TO public morals?
EAa suppression Of nuisances injurious to III
'ublic health or morality is among the most y,
important duii.s Of government Experience
las shown that the common forms of gambling
no comparatively innoeuous when placed in | OF
ontrast With the widespread pestence of lot | \,
aries. The former are confined 20 a few per w
5ns and places: but the latter infests the whole NJ
1t enter every dwelling: Ii reaches a,
very class; Il preys upon the hard earnings Of "
be poor. il plumbers the ignorant and simple | 81
I'D is principe of the common law that the 81
ina cannot sanction 4 nuisance. But without
ssefti,g that a | sislative license to raj q II
soney by lor cries cannot have the sanctty Ct T.
franchise or conractin its nature irrevocahle, | 9.
cannot be deHied that the limitation of such %
li~asSs tha nres pna is rs much d. | th