The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1879-06-07
the LOTTERY CASE.

Act No. A Declared to BE CncOn'
stitutional and the State Authori.
ties Enjoined from Enforcing
1t.
New Orleans Democrat. 9th May.)
Judge Billings Yesterday rendered
m exceedingly lengthy decision in
tho case Of the Louisiana State Lot.
terry Company VI. John Fitzpatrick
ct al.
Tho following ia a synopsis Of the
opinion and tho fall text Of the de-
cree:
raE LOUISIANA STATE LOTTERY CON.
PANY TT AIS. vs.. JOHN FlTzPAT.
RICK TT AIS.
Tie complainants have filed their
bill 10 the Circuit Court Of the United
States under the permission conferred
in an act Of Congress approved March
), 1875, which vested those courts
with "original cognizaoce Of al suits
of q civil nature ut common Law or 10
equity, arising under tho constitution
and laws of the United States, or
treaties made or which shall bs made
under their authority" l6 Statutes
at Large, Oh. lI, p. 40. Tho civil
jurisdiction Of THE court Vas BY this
statute enlarged to tho entire extent
Of the judicial power delegated to the
Congress by the terms Of tho con-
stitution. Prior to this statute the
Jurisdiction Of this court depended in
y great measure upon the condition
or character Of tho parties, aud upon
particular laws Of the United States {;
this statute vests q jurisdiction Of all
cases which may involve the enforce.
ment of the constitution, laws and
treaties Of the United States in their
determination. The Jurisdiction thus
acquired comprehends suits which the
Uuited States OF its officers or agents
may bring in tho discharge Of official
duty under tho consti:utl"n, laws or
treaties and such ~ may be main.
tanned against them because Of off.
cial acts Or obligations. Besides these
are embraced the cases between indi.
viluals and corporations where tho
constitution, laws or treaties Of the
United States shall form the immedi>
ate and determining cause Of the con.
toversy, and this fact 10 exhibited to
the court in such form that the court
can take cognisance of it. Until tho
question 10 ~ submitted and 10 thus
made, tho judicial power does not at
tach. Prior to this enactment the
powers which the Congress had no.
bestowed upon the Federal courts BY
provisions were dormant,
because that authority had not de.
signated the tribunal which should
be authorized to employ them. This
Interpretation Of this clause of the
constitution IL announced in Martin
Va. Hunter, l VII. 34; Osborn W..
Bunk, 9 VIII. 735; Aleman rs. Booth,
II How. $685.; Mayor VI. Cooper. 6
Wall, 247 Cohen 70. Virginia, 6 VII.
264; and Bank Of the United States
70. Roberts, / Conn. 323.
Hhe opinion then briefly recites the
10 the bill Of complaint,
to Wit: The granting to it by the
Legislature corporate rights and priv.
ileges for q term of twenty five years,
the payment Of money to Tho State
under tho charter, tho enjoyment Of
rights, until tho passage Of tho re.
pealiog act BY tho Legislature, tho
refasal Of the State to accept further
payments Of money, that tho act i'm,
pairs the obligation Of . contract and
hat tho General Assembly 10 passing
Il have violated tho prohibitory clause
VI the consultation. ''These facts
lhus arrived at disclose q case arising
under tho eonstitutioo Of tho United
3tAtes." Continuing. tho court said:
The Supreme Court Of tho United
3tatss in respect to tho clanse Of the
constitution emboilied 10 tho act Of
Congress determining tho Jurisdiction
u the Circuit Court Gays: 1.-THE
power. ubder consideration 10 given 10
GENERAL terms no Limitation 10 in.
posed. The broadest language 10
need. Az cases - arising arc em.
braced. Mono are excluded. How
Jurisdiction shall b acquired by the
oferior courts, whether il shall be
'risiusl or appellate, a., original 10
'ast aod appellate in part, and tho
manner Of procedure - its exercise
'ftsr i bee bssn acqsired ars not
prescribed. The cossiitution IL d.
ent upoo the subject. They sre 70.
nitted without check or limitatiso to
DO wisdom Of The Legislature ICON.
Ireas), Mayor ". Cooper, 6 Wall, 2l7.
Tho act Of 1875 graats . Tho Cir.
:uit Court "origiual cogaisapee Of OIL
Iuch cases." s,4.l n.
To sustain THE point Judge Bit.
tuse quoted from 6 Wall, Supra, and,
'ontiouing, said: "A case arising
loder the constitution having been
'ressnted TO tho Circuit Court the
lssstioo cpmee up whether ths, csc