The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1879-06-07
ita terms import."

Inc conft then. ~ further cOnaider.
ati"n Of the question, laid down the
propositions: First-That a mere
license to draw lottrries which ia not
inseparable from the executive func-
tions Of a corporation, AMI which haa
not been acted npon, and under which
M rights have been vested, may he
repealed BY any succeeding Legisla.
ture Of the State in which it ia grant
ed; and. secpnd, that when license
to draw lotteries has been acted upon
and under It rights have been vested,
it cannot be withdrawn hy the I.egis.
latars to the prejudice ofthese rights,
and the power Of the Legislature to
recall or modify It ia to that extent
gone.
These proportions were argued at
considerable length, and tn establish
them quotations and references "a
follows, were made: Davis Va.
Caldwell, 2 Robinson Rep. 27l-273;
tho State Va. Jacob Hawthorne, 9
Missouri Req. &5; Phelan VA. the
Commonwealth. l Robinson Virgin.
ia) Rep. 70; State Va. Phelan and
Bay6e, 3 Huntington Rep. AL i; Greg.
DRY "a. tho Trustees Of Shelby COL
lege. 2 Metcalf (Kentncky) Req. $50 ;
Phelan 70. State of Virginia, 8 How.
ard 163.
The court said further that not
alone with reference to lotteries was
tho immortality Of the consideration
revoked, and to establish that the
rulings and decisions had been tho
same. reference was made IN Oshorne
Va. Nicholson, - Wall. 654; Bryce
Va. Sable. 10 WALL, SAG; Delmas va.
the Insurance. Co. II Wall. 66I; NJ.
and W. B. Co. Va. King. l Otto 3.
The position take by the court, "A
cot forth in the two proportions and
established BY the authorities refer.
red to, was enlarged upon and eIabo-
rated at considerable length, and the
averments in the bill Of complaint
were taken up and considered "a "a.
tablislIiog the character of tho char
ter and franchises Of the Louisiana
State Lottery Company. How far
tue rights held BY the company were
corporate franchises was INQUIRED
into, and after an extensive review
Of the entire subject tho court decid.
ed that the qualities Of the corpora.
ton do not belong to licenses and do
belong to corporate bodies, holding
ny +. legislative contract, and decided
that "the repeating act Of 1877, then,
is not operative To take away the
privileges and rights Of tho Louisiana
State Lottery Company. The Ameri-
can authorities are adverse to the
Legislature having any such right.
The question Of right having been ca.
tablislled a. we'll a. that of wrong
committed BY tho enactment, the
question RENAME to he considered
whether the existence and enjoyment
Of the franchises and rights Of the
plaintiff can be forfeited BY the zee
Of the writ of Injunction"
10 passing upon this question the
court chiefly considered the point
urged BY the Attorney General, 'that
the prohibition Of the Revised Stat.
utes, section 10, which is section 3
of the act Of 1893, which prohibits
courts of the United States from
staying BY injunction proceedings in
any court Of q State, should prevent
THE court from granting an iniunc-
tioo," and the court decided that the
case quoted BY tho Attorney General
(Sopervisors W. Daraot) to maintain
bic proposition was not q parallel
case, nor ono in point, because the
question involved did not turn upon
priority Of jurisdiction. He laid
down tho proposition that section IA
Of the acts Of 1879 established and
provided that 1.-THE Federal cour,s
shall have power to issue all writs
which may he necessary for the ex.
ercise Of their respective jurisdictions;
and secondly, that If the Federal
courts had not the power to restrain
parties from thereafter iustituting
proceedings in q State court . de-
PENDANT could in many ways defeat
the Jurisdiction aud action of the
Federal court after it had obtained
full Jurisdiction Of the person and Of
tho sueject matter. l Geo no answer
to THE reasoning"
10 support Of this position tho court
cited Bsvapath 70. Camden Railroad
Company, Baldermo c. c. r. EOS, 233;
Aswold 70. Bank of the United States.
9 Wh., 40, aud maay others, and
after 40 elaborate argument decided
that the INJUNCTION must Issue and
rendered the following .a.
DECREE: ).
IL tho Circuit Court of tho Uoited
States, District Of Louisiana. Louisi>
ana Lottery Company ct al. ". John
Fitzpatrick ct al.-1'his case vas cub.
mitted TO tho court upon tho bill.
a@davits and counter a(idavits With
. motion for an injunction, aud was
argued By tho solicitors at tho plain.
dds, and BY the Attorney General
and Assistant Attorney General for
tho defendants. -,
Upon consideration Of tho premises.
tho court declares and DEGREES that
tho act No. a Of tho General Assem.
bly, Of tho State, at ito session Of 1879,
and apprOved tho twenty seventh Of
March, 1879, Impaired tho Obligation
u tho contract embodied ii tho lee.
islative act No: 8 Of tho session Of
tho General Assembly of 1868, 10
cooperating tho Louisiana State Lot
tory Company, and deprived the said
eorposat'os Of tisbts, franchises and
privileges therein granted, without
proeess Of Law, aud tho said act No.
"A 10 imperative 10 60 far % tho came
abtogates tho character of tho eaid