St. Landry democrat., 1878-03-02
The Lottery Business.
INTERVIEW WITH AN EMINENT law
YER--HOW THE FRAUD CAN BE
SQUELCHED.
IN. .. Democrat, lath.l

On account of the Importance of the
lottery question at this time, q Demo
crat reporter called On Mr.. Hutchesou
who has tor some time been prominent.
ly connected with the lottery litigation
in the State and Federal courts of thi,
city, to learn from him the points rclieo
ON to defeat the Louisiana State Lot.
terry Company.
Reporter-As much public interest is
now felt concerning the lottery com
rany and the best means OF getting rid
of it, | would like to have your views
upon the legal questions involved, ful
the readers OF the Democrat.
Mr.. MISUNDERSTANDING that the
question has become an nttrtstin.
public one, have no objection to give
all tile AID | can to the formation of
correct opinions with view to some
decisive action, although | never dis
cuss my cases III the newspapers or out
side my office. My connection with the
lottery controversies has been alto
gctIler professional, but feel free to
SAY that my sympathIes are entirely
with that class of citizens WHO are unx-
i0us to suppress the lottery business in
all its forms, az far as practicable; il
this cannot be done, the object of the
State should be not to grant an eXclu-
sive license (Or charter, as it is falsely
called) to any particular person or per
SONS to carry on the business, but should
aim to make the sale Of lottery tickets,
and the establishment of all kinds oi
lotteries, a source OF revenue to the
State, levying the tax with d view to
the protection of the public and the
suppression of the vice.
There are three methods by which
this m"nstrus inquity, the Louisiana
Lottery Company, may he Ovelthruwn,
my one of which woald be equally
effective:
/. The Legislature has the right to
rprnl the charter. or to speak more
correctly, the act of 1868 by which this
Hnpahy WAS created and organized.
Asa general rule, it is true that the
.Iarter OF a private corporation is ii
contract which the courts will protect,
which indeed, are protected by the con-
.titution of the United States, but this
principle . has no application to cases
" here the police powtrOf the State over
any of the subjects which affect the well
subjects one Legislature is the equal OF
competent for one Legsla-
the hands of any subsequent Legisla-
ture upon any subject matter of legis-
laton that affects the public policy and
police regulation of the State. There
are no vested rights in such cases. In
case of repeal, if the Lottery Company
or their sO-called lessees or assignees
should undertake to maintain their
charter on the ground of contract with
the State, both the Supreme Court of
this State and of the United State and
in my opinion, would sustain the posi-
tion have taken, because the best au-
rh0rity is all in itsfavor. | have stu
died the question with much care, aud
don't think ! can be mistaken. The
Supreme Court of the United States has,
in Fact, already substAnsl.n',y; .ip,.;d.L
the Questii"n::: IN the gAlabalna lottery
case reported in Otto, though the pre-
else point have indicated was not made
IN the record of that case.
would say from the examination
have given the subject, that act No. 25,
of 1868, creating this Lottery Company,
is obnoxious to three constitutional ob-
jections:
l. The act, although not prohibited by
the constitution in express terms, is in
excess OF legitimate bower, being contra
bOROs naOres, aud destructive of the ends
for which society and governments ale
formed,
2. It is an attempted surrender or
delegation for the period of twenty five
years of the police power of the State
over the matter ut lotteries to IL private
8. 1t is an exemption of the property
tnd effects ut this Company from the
quail and uniform rule OF taxation re-
4ulred hy the constitution of the State.
Another method of defeating this
is Ill the hands OF any suitor
agalust whom AN action may be brought
in the State OF Federal courts for vio-
Iating the pretended rights of this
in which action it is compe~
tent for the defendant by way Of tx
ctptlnns or demurrer to set up all the
objections | have mentioned, or any
ntt!ers that may be suggested against
the charter OF the company. | had ii
case of this sort in which was assisted
by the Hon. H.. N. Ogden, now Attor-
lIey General, tthe Gonzales casel which
was brought in the Sixth DISTRICT Court
in 1878, but which WAS transferred to
the United States Court CD the graunl
that Mr.. Gonzales was an alien, with a
view to have Justice Bradley pass on
the questions which ! raised In the ex-
ceptlons. Before Bradley came the
case WAS fixed for trial before Durell.
After the argument of the questions of
law, and bet0re the case went to the
Jury. tlir counsel for the Lottery Com
pany hi.t the case dismissed.
My ohject then was, in the event that
Judge Durell ruled against US, to take
he Gaze tN the aupreme Court Of the
United States on writ of error.
The shortest and simplest way to get
rid of this thing is in a suit for forfei-
sure of the charter. There are two
very clear causes for forfeiture.
In the first place it was not cOnstitu-
tiunally competent for the Legislature
to enact this infamous law, for the rea-
sons ! have given.
In the sec0iH;a i;.;:cce r.sce the company has
clearly abused and misused it's fran
Crises within the meaning of the Civil
Code {article 1887 rs clearly appears
from the article in the Democrat of this
But as this ia matter for
the Attorney General, who is abundant
y able and doubtless willing to protect
the interests of the State and it's people
m this as in all other matters committed
10 his hands, d0suot deem it necessary
TO enlarge upon this branch of the sub
ect. But, whatever method that may
he adopted to fight this crying shame
upon Louisiana, I have no doubt but
one voice will come up from all honest
and decent citizens, Delenda est Cartho-
10. a. t.-.
The above extract from the N. O.
Democrat of the 18th shows the way to
rid the country of Hr. Howarl's pes
tiferous Lottery Company. Mr.. Hutche-
son is right when he says the " shortest
md simplest (and lie might have added