The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-01
1B CHARLES 4. HOWARDs LOTTERY
CHARTER Al VESTED RIHHT7

TuitrHl The mt III 1868 Incorporating the LOU
saana Lottery Company and granting ~
tbs exclusive privilege of vending lpttar!
tickets IN this State for twenty five yeafa
Tile argument ID advanced That The sait
ast III the Legislature constitutes auei
ii ''uontrnttH between tho Atats and th
LOTTERY Company ~ The constitution IL th'
United Btates by general Inhibition, de
uiHraa Hllall not be impaired TbatiH 10 say
Tin stata III Louisiana has sesfed The said In
uul'nufatpd company with d right whltl
t,ilnut ha Invested Without the consent III tl,t
sstlrpufatufp Tint III aud by The contract d
lawful consideration was stipulated 10 be ruid
I'D the State by the grantees of tho charter
which consideration tho latter have pnld Ii
accordance with the said stipulation. and that
therefore The State must perform its paft d
tlip contract and suffer iia Judicial process.
thbnHnhlnary Of itH civil and criminal courts
lii be used Tor tile protection iii The business
III Tho Iuttery Company aud the enforcement
uf Til exclusive privilege" Of Hwlndling, fol.
that Ii the proper term 10 apply toit
Such wa understand ID be Tho argument
III Howard and his supporters o. rather
Tho excuse that b given for neither re-
ippaling Tho charter of tho Lottery
business. ii business whiph the enlightened
& public opinion oil England and America has
stamped les immoral md vicious, exercising the
police power VI the State, which ~ entirely ut
taa disposal Vt the Legislature, In such d
manner aa Ia terminate the traffic. lii mol
tIIH reasoning pucrllp III the face VI The fact
thHt The Legislature vi 1908 exceeded ita
authority III granting this charter That the
pretended contract" with Howard and hia
Aaaueiatns vas ultra wren and without real
u reconsideration. and waa also Ia detogatien of
Those principles uf constitutional Inv which, |
whether expressed III terms on not do lie ut
/ the foundation 81 our system 81 governmentP
vested right fotaoothi A vested right
Hi GERRY On an immoral and vicious traillol
no these who use Tho language know What a |
syaeted right isp Do they really imagine
4 titnt Il right can vest In any man or asaool. |
Ation pf men 10 do waongY DO How.
Nrd and lila followers Imagine shat |
lllo payment u forty thousand dullaiu per
AnnuHn w the Charity Hospital money de.
! alvua from the people Of thia State by hls ee-
atiintivu schemes constitutes the valid conHid-
fsrutlu.i necessary To ststain sueh d contract
AA thn Federal Constitution Restraints thu
khAteH from inpaiflng9 They imagine
nothing Ut the sort, Tho attorneys and uo,ii,-
BellUrs VI tho Lottery Company have not
been sp iinfalthful 30 thcir clients as 10
laaye them 10 ignorance Of the unlawfulneas
III their charter, teHted by tho decisions or
many American and English courta and the
opinions uf the highest legal authorities Of
both continents This Ii quito evident from
tlie measured adopted by Mr.. Howard To pre-
vent any revocation Of the monopoly which
he enjoys. IL Ia plain that had he nm nnas-
gnilable charter he would defy attacks upon
III from whatever direction they might oome.
What Mr., Howard relies upon Is tho pur-
rliasts oil men with Tho money out Of which
hu whenales and humbugs THE community
mi knows the poverty Of aoine and the gu"
nldlty al others who have the power 10 de-
Rtfpy hltn, and banks either upon their neces.
Altics ur their avarice.
4 MO have taken the trouble, Lest there might
la some 81 our readers who are staggered by
tlle argument as to Hovarsl's "vested right"
aud honestly think bis charter beyond repeal,
tu examine some old and now authorities
applicable 10 the question, and these VIZ now
proceed to bring forward. i,
4 a. As I'd tho power Of tho Legislature Of this
State to grant such charter IA that Of
doWard'e company.
Wa arc aware that tho constitution of Lou- !
lsnna Of 1868 contains no express provision
nlphihlting monopolics or the delegation Of a ,
portion III tho police power Of the State to
corporations or individuals but there are |
principles announced In the preamble to that
Instrument, and In the Bill Of Rights imme- |
r.sf
may fairly be deduced prohibition Of all ex- /
elusive privileges TO individuals or associated
bodles or classes Of oitigcns unquestlonaby |
exclusive privileges 10 individuals or corpo-
Eations are inconsistent and Incompatible /
with the principles TO which We have refer |
Dncu Still more unquestlonably are these
principles contradictory Of and Inconsistent /
with any sanction or permission by the 1
Legislature Of such an immoral aud Vicious /
traffic AZ that In lottery tickets and schemes |
of that kind. Let us zoe what this preamble /
and Bill Of Rights declares: II
We, the people Of Louisiana, in order TO I
establish Justice. insure domestic tranquility.
blessings Of liberty TO ourselves and our pos
terity, do ordain and establish this eonstitu-
tion. /,
ARTICLE |, All men are created free and
equal. anu nave GHTLtaltl fhMiiNilAnIe TlGnIas |
among these are life, liberty and the pursuit |
of happiness. To secure these rights, gov
erntnants are instituted among men, deriving .
their Just powers from the consent Ut the
governed.
AIR !. The citizens Of this State shall enjoy .
the same civil, political and public rights and
privileges /,
Arr. i. All persons shall enjoy equal rights
and privileges upon any conveyance OF pub |
liz character. II
B ART. l. The rights enumerated IN this title !.
shall not be construed 10 limit or abridge
other rights Of the people not herein eS-
pressed IT
we submit these extracts as specimens of /
the enunciations OF our fundamental lazy as TO l
the equality upon which the citizens Of Louis /
lana are TO stand and we think it must be adj |
mittei by any DISTINGUISHED and impartial