The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-06
A INDUSTRIOUS WRONG.


midst Ii has been committed under the
authority Of acts Of the Legislature Of Louis
isiapa and through the lnstrumentality OF q
Federal court and no voice has been raised IN
condemnation or den,lnoiation Of the outrage
III was to protect the personal liberty Of the
citizen that Magma Chatta was drawn up.
The Declaration Of Independence prolnul-
\ rated, and the constitutions of the United
States and OF the several States established
Y Yet an American citizen lies In prison this
morning jn violation Of every principle Elm
bodied In these great Instruments In s,tp-
port III which generations Of men have strug-
gled and fought.
What are the facts few days ago. while
the House OF Representatives Of this State
was voting by an overwhelming majority
against the repeal Of acts Nos. . and 10 Of 1874,
passed In the interest. at the dietation aud
through the corrupt agencies OF the Louisiana
Lottery Company, acts which clothc that in
4 stittltion with powers Of the most estraordi-
nnry character. and hitherto never vested In n
private company; acts vesting that company
n with criminal jurisdiction in certain cases,
virtually depriying Its victims Of trial by jury
and subyerting the long established principle
prosecution, while, we say, the House Of
Representatives OF Louisiana was voting
against the repeal Of these acts, which would
have disgraced any ubiquitous despotisn that
ever numbered the earth, a few squares dis
liant from the state-House in the United
States Circuit Court, Dave @. Johnston, an
American citizen, was receiving his sentence
u to fifteen days in the Parish Prison, under
these acts, for having ventnred 10 lay a wager
upon certain numbers Of the lottery combina-
lions advertised III the newspapers and pla
rHrded by the company.
We know nothing Of Dave q. Johnston: we
have never even seen him; for nught we know
Lilo may be very bad citizen All that
we know nf him Ia that he In citizen OF Lou
iHihna. who has been made the victim Of In
iuututis and unconstitutional laws enacted by
d Radical Legislature and maintained by our
own. We know that several days ago he was
arrested under these vilainous laws, tried
before Federal Judge and imprisoned. and
That tha proceedings until this day have been
Bs secret. silent and rsmorseless as If they had
occurred under an Eastern despotism. and no
miserable slave of the despot had dared TO
whisper Of the deed. We know that while he
svus Id prison the mans house In the country
was burned down. and his wife and children
thrown upon the charity Of strangers, and that
when an earnest request was made that he
might be released to go to their aid the court
and the greater power, the lottery company,
refused tho boon.
we do not propose 10 discuss tho law Of this
rase with anybody. We know too well that
there are acts Of the Legislature which war
rnnt every step that has been taken, and that
the present Legislature, In refusing to repeal
these nets, has given them It's sanction. But
there In a higher law than mere legislative
acts there is higher and safer tribunal for
\ the trial OF questions of personal rights and
liberty than Federal courts, and before that
illusttious tribunal-the people-we shall go
with tile doctrines Of that law, which we under
stand as well aH the most astute lawyer, and
solicit O. fehuke to the proceedings and an
angry Reputation of the acts OF 1874 under
which they were instituted.
The offense for which this man johnson
has been thrown into prison, II an o1cnse at
all, Ia one against the gambling laws of Louis
lana. He was guilty Of laying wager upon
the numbers advertised and placarded among
others by the lottery company. Every hour
If tho tiav. and every day Of tho year. thous-
nuda of men iii this State are making bets
upon every kind Of chance; bets upon
nrpfane and sacred things small bets and
iarpe bets: but neither the authorities OF the
sovereign State Of Louisiana. nor those OF this
preat city, interfere to arrest or punish these
nffenges, The lottery company, however it
seems. is d sacred institution: 1t Ia more ieal-
D ons Of its privileges than the State is OF it's
laws It Ia more naughty, iinperious and power
fal THIN governors. legislatures and courts
Indeed IL seems to be some hideous mon
ster that has arisen among Va mightier
than tho State itself, and against which even
The high and holy privilege of personal lib
ertv ID as naught when its ill-gotten rights
are i'd the least trespassed upon
The perpetuation of this company and q
tha acts Of 1874 upon our statute books has
been defended upon the ground that the Lot
tarv Company had vested rights which the
I.euislature ought not to destroy or impair
This Ia a specious but utterly untenable
ala. Governments are instituted for the
haneI,t Of the people, and the people are en-
dnxvad bv tho Creator and possess in the ma
fare Of government vested rights when ther'
IL No authority whatever to infringe ane
xvhiah no mower, save force or the oorruptlor
~ their representatives, can destroy.
No corrupt or oppressive monopoly, there
faro. no institution with extraordinary ano
,nunuai powers: no ring or combination VIII
the right to violate the personal liberty OF tns
citizen can possess vested rights. Such an In
! stit,,tion il antagonlstic to our form OF govern
i ,nent. and can only exist and flourish AMONG
4 neople who have forgotten Or ignored ult
nrlnciplss of civil liberty, Ing LOWS