The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-09

such laws were 30 vio!attve 81 CONSTITUTIONAL
swbies sss hs fedss
coutta. II was this high authority thus confer
5 By ks hs sste weh "a Ho nsa 5
GALS aRist lie public opinion 81 capricious people
ture. ii anything could surprise him In these
| times OF marvellous exhibitions OF disregard 81
| the eanctity of oaths. and of the duty Of faith
llama that Ii could thus DEFY and sci as dc the
obligatons and authority Of the constitution q
the United States. and override the judiciary r,
that sacred. instrument would indeed Surprise
him; In all those matters especially prohloited
70 the states, such as q tax OF lmpoi.ss, o one
emission Of paper money. the inpairing q con-
tracts. the enactments OF er post tacto laws mere
was always power to put In reQn1sitlon aga'hsI
FEDERAL eonr,a Here Vas solemn and com
pleta contract under which properly mas Dee1
acquired money invested. enterprise em ,I
thereto Oh the pledge Of ths faith Of the State.
which was a Tn2nt II to
legislature, and We are told there is no power
od to seb hs 6 m R1ohe
G never Occur. Even though parsment Il sV on
that great and wise people where such power
was exercised to violate contract. The legis-
lators OF that nation could govern themselves.
Rey ehys m Ks q and he
tracts. This was the first and most substantial
condition q The prosperity, growth and great
ments, the. preservation Of faith and the OBJ.
seryanee of contracts. It is certainly the most
melancholy n. .s SYMPTOM q the demorslization
Who have bound ourselves es'R 81 50 Solemn
q compact as. our constitution to observe
and enforce all contracts, should 80 often
III
pledged faith. should embrace so many ideas
Of dishonest Reputation Of our. engagements.
republic SD ielI By the want Of truth among the
people. Gibbon relates Of the Romans that they
kept In their private houses the Image OF the
goddess Of Faith. which oil honest and patriotic
Romans worshiped. az embodying virtue
which they made the. foundation OF the admir-
able system Of laws-to the benefits Of which g
the constitutional obligation to preserve our
faith 10 made 60 extensive with our whole con
e the Rnd ors s %heh %as Inc
tended to DO natural and universal.
Judge Campbell then proceeded to show that
there was a contract between the State and the
Louisiana Lottery company He showed the
| difference between such q contract and a
license. The latter was mere permission for
t was was M mode Of Collecting taxes which tie
party might or not use. But. here was con
tract for twenty. Se years IN various e 'dI
| poratfon, with shares. with bonds to secure the
payment Of $4,000 per annum for the franchise
conferred. TO call such contract license,
abuse OF language and law.
Judge Campbell would cite but one au-
| thOrity on the nackneyed subject OF the binding
obligation ofthe contracts conferred by char
ter and at Of incorporation Of state. This
was the strongly expressed sentiment OF Judge
| Black In the case OF the Bank Of Pennsylvania
vs.. The Commonwealth, that the decisions on
this point formed torrent instead OF cur
and that Whole aFsprgdenfe,
Of eueb. contracts and chartered rights.
He referred to the decision In Massachusetts
and Contract. when The former ' was revoked
within the year for which it was granted. IT it
had been contract 1t could not have been.
He knew Of no case In this country where
lottery grant accepted By the parties, who
| fulfilled the obligations incurred which had
ever been annulled. In the case OF this grant.
had ever seen. There was not a flaw In 1t. 30
specific, 50 comprehensive. so clear and ex.
c Il there rs Waf mi 9o q # hapg
Of communicative contract.
But II ID denied that an Injunction can be
law Judge Gampbel examined this PROPOSE.
ton at length, quoting the case Of the Brooklyn
tavern keeper who eeInjoined the execution, o.
guests On Sundays. He also referred to the case
of the Kossuth bonds In England which were
epjoined II Il, ENGLAND and might have been en-
ror of Austria. He also referred to the Geor-
Ria case and to the decision of Justice Thomp-
son, and gave an interesting recital OF the facts
Of the case Of Osborn VS.. United States Bank.
when the hasty and PASSIONATE Legislature Of
the State OF Ohio against the United States
Bank was 80 promptly arrested By the iDjupe-
representation Of the sovereignty of the State
the Attorney Generals imagination had been
fred with the idea that this was an attack
upon the whole criminal code Of the State. an
Injunction against oil the system Of furnishing
misdemeanors and enforcing penalties pro-
vided In the statutes of Louisiana. This
was an e asEm The inunet 1p
State from gross and playable violation Of the
citizens from the great loss and damage which
would result from the enforcement Of law
which no court OF ehancery In the Christian
world will hesitate to pronounce one of bad
faith and q violation Of contract. as we'll as OF
that bond Of our Union. the constitution OF the
| Union.
Judge Campbell closing his argument al
3 o'clock. Judge Billings reserved his judgment
In the case and the court adjourned.
FORTUNES FAvORs.