The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-03-28
THE LOTTERY BILL.

The calm, temperate and dignified state
ment Of Mr.. Steele. In explanation OF bis vote
ia opposition to the general lottery bill on
Saturday. deserves commentator. and Its
tone may be studied by gentlemen upon the
other side Of the question with advantage to
themselves and the interests Of the State.
1t ID to our mind quite clear that the consti-
tuition authorizes the General Assembly to
grant additional lottery charters, II In the
opinion Of the members the best interests OF
the people require It.; and. In our opinion, q
calm consideration Of the propriety Of encour-
aging such games Of chance was Legitimate
and necessary question to be determined 10
the minds OF members. free from any manda-
tory requirement Of the constitution.
II, however. the friends Of the general bill
insist that the language Of the constitution,
viz:
THE General Assembly shall have authority
to grant lottery charters or privileges"
Is mandatory, and that the mere comforting
OF the authority to grant lottery charters
carries with It an obligation to do the thing
authorized, then why stop short half way Ia
the sentence2
The constitutional lawyers favoring the
bill must know that they must take the
words Of the constitution In the order OF
grammatical arrangement II they involve no
abeurdity or contradiction. and that "neither
courts nor Legislatures have right to add
to or take away from that meaning" The
thing to be done Is to grant lottery charters
or privilege: the authority to grant them is
the General Assemblv. So reads the oonstitu-
tion. Nowhere do we find any permission
given the Legislature to delegate this i'm
portant trust to notaries public or any other
persons.
The bill In question transfers that trust In
point OF fact, with but one stipulation Of any
consequence, and that pecuniary one. It
does not pretend to protect the interests OF
society from abuse In the exercise Of the
privilege granted, or provide for with
drawal OF the privileges In case Of such abuse;
on the contrary, whilst the State and the
people are unprotected the lottery dealers
are, by the terms Of the bill, protected for
fifteen years In contract which subsequent
Legislatures cannot impair.
In support Of the view expressed that
the General Assembly cannot delegate the
trust reposed 10 1t by the constitution, we
cite an opinion delivered by Chief Justice
Marshall In the case OF Clark Va. The Mayor,
Aldermen aud Common Council Of the city Of
Washington, y W.4o:
The clause Ia the charter Of Washington.
that the city shall have power TO- authorize the
drawing OF lotteries.
There Is great weight. too. In the argument
that It ID 8 trust, aud an important trust. con-
flded to the CORPORATION Itself for tina purpose
OF effectisg important improvements In the
city. and ought. Their fore. TO be executed under
the Immediate authority and inspection Of the
corporation. It is reasonable 70 suppose that
Congress-. when granting power to authorize
the fairness with when the power should be-
used: and would take as many precautions
agatnet Its abuse as was comp atible with Its
beneficial exercise. Accordingly. We ind lin
and on the object for which the Lottery
may. he authorized. It - to be for
any important Improvement Ia the city which
the Ordinary funds or revenue thereof vii not
acc ,mniish. and y surleeted e the Judgment
The power thus cautiously granted is de-
posted with the corporation itself without an
indication that II is aseigt able It 10 to be ex
sr0lsed like other corporate powers by the
agents OF the corporation, under Its control.
While II remains where Congress has placed
It. the character Of tris corporation affords
come security aea!nst its abnse some security
!. ipseparable from the thing itself.
But II the maLagement. control and responei-
bllity may be transferred to any advsnturrr
who viii purchase. all the security for fairness
which is furnished by character and response
biiity 10 lost.