The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1879-02-08

States declares that mo State shall
pass any law impairing the obliea.
ton of contracts"
In my judgment the authorities
are clear that the rights exercised by
the Lottery Company do not arise ,
from a contract, in the sense in which :
1t is used in the article above quoted,
but from pcrmissiue license granted,
and under which they maintain tho
nuisance, aud it js 10 this faudamsnt.
al error Of misspprehending their
privilege for contract the idea pre-.
walls that the Lottery cannot be
abolished because it has veeted ;
rights. ,.e.g' ,ps 80 s..
Ssdgwick, 10 bis Treatise on Con.
struction, etc., page 56l, says: "The ,
Supreme Court has said that tic
contracts designed to be protected BY
the article quoted are contracts By
which perfect rights, certain, definite,
fixed private rights of property are
vested" as distinguished from meas
ures or engagements adopted or un.'
dertaken BY the body politio o.,
State government for the benefit OF
all, aud which, from tho necessity Of
the case and according to universal
understanding, are to be varied or
discontinued a. the public good shalt .
require and under this head, 10 bic
notes on page 584, the came author
says: "Licenses from tho State to To- .
viduals, to carry on trades and like,
are not contracts within the couoti.s
tutioual provision, and, citing 10 cup. :,
port Com. W. Brennan, 1903 Mas. 70;
Met. Board Of Excise 70. Barre, 81
n. Y. 6H; State W. Holmes, IS H.
H. rs, aud Calder ". Kusby, s GrAy
597, remarks further: by tho res-
soning in these cases tho LegisIsture
has power to revoke . grant 60 hold
. lottery at oil times, whether IL was'
confirmed with or without . valuable
consideration. Laws licensing and
regulating lotteries are mere meas
ures Of police, and, as such, are un-
der tho absolute control Of Tho Leg.
islature." a,.. 4ap - ,a,si,ai
Parsons on Contracts, page $50,
Gays the question has alec been raised
whether the clause in tho conotita.
ton limits Or affects tho power Of thUr
State government to enact gooaeoa 2
police regulations for tho 0ppblie
health and morals, and lays: "While
the authorities are not uniform, 8O.
consider tho prevailing ai1jslise6s9;
Of this oountsy . favor 10 rsele, )!
whether tho grant or, liceqse, !1ese
eratuitous or Otherwise, that epc4
laws are not within tho pufvie4 81"
prohibition Of tho constitution. Aiis IS
Tho high obligations ef polioe oHsr i,
tho health and morals Of tho people
are inherent In the sovereign. a .
State can lioenee and permit ths stse
ercise Of . calling OF trade which To-.
injurious in ito effects on ,eooioty,a
either physically or morally, hut ,this,
is tho extent Of ito authority. Coo.
Icy, Con. Lin, p. 282: |'Thit 'tRt'
police power Of tho state coala 'Uee's
be aliensted even BY oxpress eEsat I. -
and he adda, 10 tho suoceedine p4fec,
graph: ~ would seem, thsrelois, 6 :
Be- the prevailing opinion; Ind b61e4s
on sound reason, that The StA6o could Z
not barter away any Of those eeaee-S
tial powers which are inherent tp,al
governments, and tho sxistanSt &
which, ID full vigor, 10 impertGSt VI
tho we'll being Of society.s bea ,gaDsa
Story On Consultation, paeA IN
says: ,"It has never besn held yhst
. State might, BY contract, prseladSs
itself from exercising the poaoe pew
kr; but, on tho contrary alleIaDts'i
Ind ell charters are understood 10 b, d
made subject to it," Thorpe ". +.
and B. r. r. Co., q Wiz. l49. 80 !.
Therefore1 conclude that tho right
to regulate the public health aoid
morals 10 inaliensble 10 tho eoveleigp
tho people-from whom al power,
is derived, aud for whose sll-bsing.
oil laws should be enacted, and that
their agents cannot enter into any
contract BY which they could not ~
sumo ct will THE insliensbls right 70
protect tho public health OF morals.
Justice Grier, in the case fret que.
ted above, says: ''Tbs supprsseies.
/ of nuisances injurious to pablo,
health or morals is among tho most
important duties Of government" : :
II there were any doubt LIFT u THE
subject, tho language used By, NJ.
Justice Field, 10 concluding tho opia.
ion Of tho court in Boyd 70, Alabama,
4 Otto $50, would certainly remove
it: I'VE arc not prepared 10 admit.
that It 10 competent for ono Legisla.
ture, by any contract with ~ indi..
vidual, to restrain tho power OF .
subsequent Legislature TO legislats
for the public welfare, and, to that
end, to suppresss any and Ill prastt.
90 tending to corrupt the rpsblie;
morals" ~
therefore concur IN tho recon.
mepdations Of . portion OF tho CON.
mittee, % above stated. e's 1s4i
Respectfully submitted, ..ie
FRANK P. STUBS, ].
| OF tho Committee on Tho Judiciary.
-4II1llalEI4ED ,a3a i. y
10 spite Of tho careful study that
bus been given to tho disease, diptl'es
fia must 0till be claseed % anAnex.
plainable physical disorder. For d
long time Il was soppessd ~ b q
modern origin, but medical tieeesi6al
research be- shown that q p 80
reason for thinking lAat itsneo1ejloll