The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-31
~ sassed upon the con.

has over the lands cha,tels and other property
bf the people. II this State. and may resume
be- taken away for he PURPOSES Of his act.
Mr.. Breaux had been told by a senator that II
was fumored, for the purpose OF destroying his
influence. that he held stock In the Lottery.
This was untrue. He was governed by no sucn
considerations and suit upon the slander A.
was simply q sense OF duty which brought MIN
to his feet. He had nothing more 70 say upoh
Prior 70 1868 New Orleans was the great mar
ket i2r lottery fkes ana "ae Ticket tickets and
their sale had become great end giowihe et,i'
Under these ereums,a IN ,aaght as
tablished the present Lottery Company
The ilrst question 70 be asked wasi Han , ne
i.,tkas,5 Iba I eg,alature could 10 whatever
was not pruhihiied In the constitution. Inefe
was no prohibition aga nst smrh iess Ia,e,
I,riyata ripbta have grown out OF thls ipRlsih
IN WHOM are now under The protection 81
he constitution end are vested rights which
cannot be touched ny ,n, e hss been declared
Constitutional by the Supreme Court Of this
State In several decistons. p.,,
Mr. Breerx read n decision from Robinson.
which aaId that the license to sell lottery tickets
remained under Legislative control so long as
rights had pY b. n uho eo rights have
been acquired the Legislature mey cnntrpi ~ y,
but ii rights have been acquired wall " oullt
around hes shs he eae have
made special reservation IN the act cnar,er,ht ny,
the Lottery COMPANY, In order to retain the
power of divestng It's franchise. There is no
sueh reservation III the act. In The case quoted
yesterday from I he Mississippi haports. where
the charter Of lot cry was set ASIDE the COLL Oh.
many had eompipd with ifs CONT act, as was
clearly ndica ed by the court. which SAID that
the com any hid neglected to MAKE certaln
payment, ard pending that heeiecs the oneftof
WI M Zschnrie, interrupting. called the atten-
tion of Mr. Braauy to the fact that the Attorney
General In his demurrer admitted that the
l,,,,, had MAJ III
Mr. Braanx proceeded to draw Q distinction
between Licences and the grant OF franchises:
The one conferred no rights, but simply granted
q permission the other created rights which
could not be divested.
In regard TO- the claim that police powers
cede that. but Cooley on Consti utiopai Oon.
structions defined that the power, q police
over franchises could not Pc used 20 b detea.
essential to their exer 'ise.
Mr.. Har,linv asked permission to Inquire
why so much interest was manifeeted Ia mis-
bill. Why did the lobby leave yesterday wien
Il was found that this bill would not come upf
II was because. this was 9 political quest, n
leans DEMOCRAT should rule the Demncratl'
party Ia this state with rod OF iron. TO the
Eopg2s2,n hS bsa alluded o his
the DEMOCRAT OF October "a 1878. and its Tepub-
LEGATION on Thursday. and said that ne ex-
pressed himself opposed TO all monop lies. lie
did not propose to single out this particular
Mr.. Harding read from the journal Of the
Senate of the session OF 1877, showing that
similar bill had been introduced ana referred
to the Finance Committee. when u was pigeon
hoed Why was # tb p e a as
much money to help establish the Nichols gov-
eminent In power. He Thought some gratitude
sist. In consider alton thereof. to repeal the
charter Of the Lottery Company.
Senator Harding having Quoted from the
Senate journal of 1877 to show bat the holding
over Senators voted for the indefinite postpone:
ment Of bill Repeating, the lottery act. ana
again In 1873 that By the ,6 ourna similar aI
Finance. asked for those Senators who are
now among the champions OF the repeating
bill to explain their course IN me mater.
'.1Recognizing as ] do. Mr., President the
right Of the public as well as brother Senators
to scrutinizi and criticize Senators public
Sixth District the desired information. In this
matter. as In all others of public nature. am
In all time ready and willing e give the
gard. 1 doubt not but what my colleagues and
associates share with me that feeling. i m, may
be- sir that from the hs wnicn
was IN d better position than they to
give the facts which transpired In 1877. In th lat
year sr bad me a aoher 70 on ~ psom@es
STYLED | believe. the Committee OF safety,
which had in its special charge he dev,slng ana
recommending of measures for the establish
ment OF the Nichols government. the true
government Of the ate OF Louisiana. ! he
iieve, sir. that none OF my assocl ii. hoia,
one OF the meetings OF that commitnee
a gentleman present suggested that u the
Louisiana Lottery Company were let alone py
t,s IL could aud would materially assist In the
establishment OF the Nichols government NY
associates on that committee then decilh9u 10
express any opinion on the subject when re-
marked that for myself | had no objection IN
stating that in my view, we had enough 70 90
TO solve the prot lem Of the hour the es,a y
a. Walls rAFDn
n complicated question a. Mr. Hayes would
have to acknowledge tho state ~ having gone ne
Democratic for the state ON ere, wnaie ~, nS
claimed 1t as Republican In el,cting him mat
in spite OF hese facts believed he womb tecog-
nize the Nichol 8 government, and that h'a CON
seayatsm could b. trusted tnat ,, w,lh u 'aesf
the Lottery. the Slaughter House, the Lsvee
Company. aud other powerful moneyed and IN
forego for tho time any opposition to them
which would throw their potent Influence into
the scale against u.s. This was all that trans
causes. and no contract agreement or bargain
made so far as ! know. The Ideas then !,
pressed were fre1nen ly repeated. oy myself
and Others to indlv dual members OF the Leg
islature. SO when in 1877 bill repeallng the
lottery law came to the Senate twas Indefinitely
In ISIS. when similar bill came into the
Senate [ was disposed to favor Ii until re-
minded by the gentleman to whom l mad ex-
pressed the above opinion, that the Lottery
company had taken It as an assurance that they
would not be disturbed during that LEGISLATURE
While expressed my dissent to the proposi-
ton. and protested that 1t was only al ortnion.
and could not by any bu a forced construction
be construed into pledge Tor BON terms oil
the Legislature, said If II has been &C, con
strued wa are willing to go wen beyond our
own understanding. and 80 nothing this SEES
sion. And this we did. 50. sir, If 10y
any construction mis- opinion amounted
to a pledge, we fulfilled it In the first
session, a I'd Went still further In solving any
doubtful Interpretation. by defeating the bill
bysnon acton IN 1878. THIS Is the e, Whole mat 1ba
-t-,wQtve made no DISCUSSES, but have explained
ali that knew: and allow me to ADD that II
we're Similarly circumstanced again, and no''
should not hesitate to do again what die
then. -,
Senator Harding tintarruptingl-Wil tn
Senator state IL he does not know that the Lot
terry Company's money established the Nicnoil
government
Senator zacharieI can only answer t that na q
not know any such thing. i have hearu suci
minors npon the street. and about the Legisla
ture. as / suppose the Senator has hlmsei
heard. but, sir. l have no further knowledge
Now. sir. a word In answer to few PROPOSE
lions advanced BY the Senator from 81. Landry
n rIst- l. tahl a