The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-08
PRICE, FIVE CENTS.
THE LOTTERY.

THE LOTTERY.
THE INJUNCTION CASE BEING PLEAD.
ED In THE UNITED STATES COURT.
Yesterday the case Of the Lottery Company,
applying for an Injunction against the sheriff.
magistrates and police officers of the city for
bidding them to proceed under the repeal and
penal act of the last Legislature. was called.
Attorney General Ogden asked Judge Billings
II ne would not invite the Circuit Judge to sit
with him in this case.
Judge Billings replied that he should be very
happy to have the aid OF the Circuit Judge in
this case, but that that Judge controlled and
regulated his own course In determining when
they should sit together. He suggested that
MIR. Ogden make application to Judge Woods.
This was done. and Judge Woods expressed his
regret that his public engagements prevented
him from sitting in the case with Judge Bill
lings.
So the case was ordered to proceed.
ARGUMENT OF MIR. sEMMEs.
Mr.. Semmes commenced his argument at
II 40 o'clock. He began by asserting that the
act OF the Legislature, which was the object
of the bill for an Injunction to arrest the execu
ton of, was the most fragrant instance In our
history. Of a State Legislature seeking to
trample upon and conf1scate vested rights and
impair and destroy contract. To do 50 would
be in violation of the provisions OF the Federal
constitution. the fourteenth amendment. and
the clauses prohibiting States tmpairing con-
tracts.
He described the contract with the Lottery
Company as one OF the most complete ever
made. There were the guarantees of corporate
rights, the grant Of franchises. and Of exclusive
use for twenty five years; there was the consid-
GRAFTON expressed, to wit, 5000 year. For ten
years had this consideration been paid. And,
even as late as the first OF the present month.
the company had profYered to pay their quar-
terly installment Of $4,000. and had been re-
fused by the Auditor of this impecunious State
1t was now proposed to destroy this company.
and, by harassing suits. to expe them from the
State by putting In operation the provisions OF
this present bill.
All this is done under the pretense of sup
pressing an immoral business. Who is to de-
termine questions Of morality and immorality2
He acknowledged that certain acts which were
malun. IN Sc might be assumed as immoral.
but the business OF lottery drawing and the
sale OF tickets, so far from being established as
NAHUM in Sc, had been for many years au-
thorized In this State, in all the States, and by
the Congress of the United States Especially
In this State had our Legislatures made such
grants. He. read from the statutes of Louisi-
BILE and other purposes. Until the constitution
Of 1S45 nearly every volume Of the statutes con-
taaed q grant Of ths nature The eons
billions of lotteries that OF 1854 thorized their
creation, and that q 1868 contained
Ills eTant was nade. afsn Thas '1e We aaed nd
that for three -fourths OF the period OF the ex-
istenee of this State lottery grants were not re-
L q m mn yaS th0 ~ fhnfps
prohibition ever sanctioned by the Legislature
until 1s45. Il was altogether question of
only be made misdemeanor By express
statute. There ts no higher law In this State
which denounces crimts ana offenses as under
less 50 described and denounced BY statute.
The. ethical question does not concern our
ae9 r y The
bubble Doey e yin not Desm
relative, to even questions Of policy. The
lottery business may In the view. OF certain sud-
immoral. and the Legislature Of is7s 3 may re- g.
ha wa as ss Ga aGslz Grant Ra
perty Of those who have invested In said grants
without tender even OF COMPENSATION for such
confseation without return Of the 100000
consideration OF such grant-was one of the
most haGrant cases In our history Of an immor-
| ality more fagitious, unjust aud uneonstitu-
tional than any Of the acts done under lottery
grant.
Mr.. semmes then read various cases from the
Kentucky. the Missouri and louisiana reports.
Of judgments Of the highest courts sustaining
lottery grants and setting aside acts of the Leg
islature imDairinR and invalidating the same
In the question OF jurisdiction OF the United
| States Court he was very elaborate, and read q
great many authorities In support OF these pro-
positions.
nizable BY the Federal judiciary. arising under
the constitution the acts OF Congress or treaties
Of the United States. It could always be trans-
| ferred to the Federal tribunals.
2. That By the enlargement through the act Of
1875 OF the powers and jurisdiction Of the United
states Circuit Court. the State courts could al
/ ways be arrested and SUI pended In their pro-
ceedinRs when the Federal courts asserted
their lawful jurisdiction.
| 8. That chancery would interfere In all at
tempts to enforce penal laws when their en-
forcement would trespass on the rights and
property Of citizens. On this point be arrayed
great many authorities from United States
Of Osborn vs.. United States Bank, and through
slauehter- @ House g; case and to the DECISIONS in
formerscases, OF the Lottery Company: 10 aii
these cases he eontended that Injunction had
gs1a posers and ursdetons which In
vaded the rights and trespassed on tne prop-
Applying theseIprinclples to the law repeating
the lottery grant. be denounced that act as ma
licious in its motive and character. as 1t pre-:
prevent the State from. DESTROYING It's property
!, whilst the question Of The constituionality Of
the act was pending. This act sought to accom-
nlish this result By harassing suits and prose-
which # was mfdnedb aond ebsn wHnla ae Tsa tom 9as
the the IN Surname Court Of the United States.
This SiI course displayed malice and bad
policy. seeing, that whilst the State
, ths eompany's agents. 1t was depriving It's de-
pleted treasury of the greatly, needed $4,000.
nriyileees as long as undisturbed by the State.
Had the Legislature regarded justice. fair deal
| ING and sound policy. 1t would have provided
in the act some legal process or method by
which these results would have been avoided.
, This law however, seeks to destroy these par
: ties. who stand upon solemn grant and con-
tract of the state by launching the whole polfc0