The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-30
THE LOTTERY BILL.
SENATOR ZACHARIk's sPEECm m Tuv
STATE SENATE YESTERDAY.
"rhe Malignant Cancer which In Eattne
out the Very vitals or the People,"

"rhe Malignant Cancer which In Eattns
out the Very vitals Of the People,"
House bill No. 1o3. entitled IAN act to repea
act as Of the Legislature OF 1862" ETC.. commonly
known as the act repeating the Louisiana Lot
terry OomDany's charter. being under consid
eration. and the amendment OF Senator Ellis. Il
amend the act so that II should not take efYec
until the thirty-6r OF December. 1879, being ir
| order. Senator Zaoharis said:
mr.. President. I regret exceedingly that the
opening OF the debate IN support OF the bill
should have devolve3 upon me. I regret II for
TWO reasons; first. because know that there
are far abler lawyers and more eloquent ora
tors than myself among the support ers OF the
bill. who could do far greater Justice {, the
question second. because my health IA such.
and my voice In such condition that I feel
incapable OF doing Justice to my own very mod
crate abilities on this occasion But, cir, pro-
pose to do what little lies within the compass Of
my limited abilities. disadvantaged as am by
cfrcumsl ances. to set forth the reasons upon
which the majority Of the committee base their
report. Believing thas The discussion of the
amendment now before as involves the whole
prisa Of the bill. for II the lottery bill be
and * NTRAcT GIVING VESTED RIGHTS.
xrI fsspeal be unconstitutional. then. sir, the
bill should fall. and with It all of the amend
ments. Believing this. say. propose to dis
cuss the whole bill and all OF the amendments.
In doing 80 propose to reverse the order of the
propositions embraced In the report. and to
discuss. hrst the legal principle advocated by
the majority; and. secondly. the moral Ques-
tion embraced in the repeal OF the So called lot
tery bill. And right here let me call the atten-
ton OF the Senate to the title OF that act, which
makes It apublic statute. or an act the chief
object OF which is q public benefit. namely, In
the Language Of the title. ito increase the reve-
nues Of the State" II we will bear In mind this
fact. and the additional legal truth that the
whole language OF the act shows that for this
avowed purpose
PRIVILEGE. LICENSE. AN ACT OF GRACE.
or call 1t what you will, is conferred. and no
contract. no vested right is entered into or es-
the solution OF the difficulties which
the minority Of the committee present dissolve
and vanish like morning dream. Is It priv
ilege. license. act OF grace from the sovereign
people of this commonwealth granted through
lts chosen Representatives In former General
Of the State. or is It a contract estab-
fishing vested rights7 That. sir. is the whole
question. and upon it's solution depends the
OF the action proposed in this
bill. Now let US see what the highest judicial
authorities OF the land have said upon this SUBJ
ect. and tn .ir opinions are not few or far be-
tween. The
ANNALS or THE JURISPRUDENCE
Of the country are replete with their decisions
On this subject. and to me seem, so far as my
have extended. to be uniform In
The assertion OF the principle that lottery stat
toaa n md do mt forv tod
lights. In 10 Rob. La. Rep. 273. our own Su- |
oreme Court held that they were privileges,
In Miss. COG. Frelieh vs. the State, the court !
iecided: Where the Legislature authorizes |
private Individual or corporation to raise |
um Of money By lottery. to effect an object Of |
'ublic conoe n. as a railroad. bridge. or a |
anal. the statute by which the authority is Gre
ted may be at any time repealed. without vio- /
lting any constitutional provision"
The same principle. In regard to the repeal OF
lottery franchise granted to increase the rev.
nues for school purposes. was maintained In
ne case of Miss. Society of Arts W.. Musgrove,
| Miss. $40. and In Miss. GOT; ls Miss lat; Met.
oard OF Excise vs. Barre. "a N. Y. 663, and sew
raj cases In the Virginia Reports.
As late as 1876 the Supreme Court OF the
nited States. In Otto $50. Boyd vs.. Alabama.
Deaking OF the repeal OF statute entitled An
1t to establish Mutual Aid Association, and
raise funds for the common school system OF
labama." said Mr.. Justice Field delivering
le opinion OF the court. which was unani.
Gus:
I'VE are not prepared to admit that It is COM
stent for one Legislature to restrain the power
subsequent Legislature to legislate for the
ablic welfare. and to that end to suppress any
I'd all practices tending to corrupt the public
orals." IL
Benator Zacharie read copiously from the
,cisionsI a
Thus. sir. Is established the principle that g
LOTTERY FRANCHISES
Q privileges and licenses subject to be re- Q
'ked. annulled or altered at the will OF the I
'gislatu'e and are In no sense contracts con- .
ring vested rights.
And this disposes OF the ground on which the
1endment Of the Senator from Union rests. | 3
1t be license or privilege 1t is not a contract y
d does not confer vested rights, and the Day
'nt OF money or compliance with the terms OF | I,
franchise does not vitiate the right to recall II
, privilege. Io
THE FIRST QUARTERLY SUM q
this year-S10 OO0-has been paid. We pro- .
30 as matter Of equity. of grace from the