Feliciana sentinel. [volume] (St. Francisville, La.) 1877-1892, 1880-05-22
FATAL BLOW TO THE LOTTERY.

/
and most gratifying vindcation of tn
position assumed by the States. upon tn
lottery question, which has been engag
| ing the attention of nearly all the court
in this city for he past five years.
1t is an entire reversal of the decision
of Judge Billings in the injunction sui
Of the Louisiana Lottery Company t.
stay the enforcement of act No. A Of I'll,
| Legislature of 1879. 1t Especially declares
that a Legislature has no power to bar
| gain away, the police power Of a State
1t says also, the right of the Legislature
"to stop lotteries is governmental, and tt
| he. exercised at all times Gv those i,
power; and that the people, in their SOW
ercign capacity, and through their prop.
erly constituted authorities, may take 1t
back at any time when tho public good
may require it,"
This establishes beyond all question the
validity and constitutionality of act al,
which abolished the Louisiana Lottery
Company and prohibited the lie of all
lottery tickets. 1t was held in allegiance
by the injunction of Judge Billings. The
reversal of the decision, however, must
follow 8, soon as this case is taken up to
the Supreme Court.
The effect Of such q decision as that
just rendered by Justice Waite will be to
make act 44 operative and in full force.
and effect ''from and after the 31st day of
March, 1879"
The Louisiana Lottery Company, then,
having been abolished by act AZ, it had
no legal existence at the time its So call
ed contract was conditi"nally recognized
hy the Constitutional Convention. If
any such corporation existed at the time
it was in violation of law, and hence its
claims could not be entertained.
The question now is, who is the proper
uerson to take an appeal from the Iecis-
ion of Judge Billings to the United States
Supreme Court The injunction is direct
cd against the State ana its officers. pro-
hibtiny them from interfering with the
operations of the Lottery Company. II
would appear from this that it is the du-
ty of the Attorney General, on behalf of
the State, to appeal the case to the Unit
cd States Supreme Court. The following
is Judge Waite's admirable decision:
John B. Stone ct al VS.. the State of
mississippi appeal from the supreme
court of Mississippi, The Question pre-
sented by this case is whether a State.
after having chartered a lottery company
and enter ed into Il contract with it, still
has constitutions right before the eX-
piration of the company's charter, and in
tie absence of any default on the compa-
ny's part, to pass laws making the con-
Quoting of Il lottery, whether authorized
or otherwise, an offence against the State.
In the present case the State brought suit
to suppress Il lottery known as the Mis-
sissppi Agricultural, Education and Man
ufacturing Aid Society, chartered by tt e
State in 1867, but forbidden by article II,
section Is of the State constitution Of
1868.
The circnit court entered Judgment of
custer against respondents, which upon
appeal was affirmed by the supreme court
of the State. This court holds that al
though the lottery company Of plain tiffs
in error was duly chartered ny the State,
tn. Legislature which granted tn 1t char
ter had: 0 authority to bargain away the
police power Of the State-that is, the
| regulation of matters affecting public
health aud pnLlIc morals. That lotteries
| are denoralzing in their effects, no Ilat
ter how carefully regulated, cannot, in
the opinion Of this court, be doubted
There is now scarcely State in The
Union where there are lotteries, and con
gress has granted special statute The
object of which is to close the mails
against them.
| This being the case, there can be II,
question that lotteries are proper suhjeat'
for the exercise of State governmental ol
police power. Contracts wAlch the Fed
eral constitution provides are for thos
which relate to property rights, not It
governmental rights. Lotteries belong t
IA larger class; they are species OF gam
bling and wrong i'll their influences; the
disturb The checks and balances of Il we
ordered community; 81 society built o
such a foundation would almost of neces
sty bring forth a population of expecta
Tors and gamblers, living on expectati"
of what chance might award them frol
the accommodations of others. Certaln'
the right to stop-them is governmental
aud to be exerci scd at all times by thos
in power at their discretion.
ANY orc, therefore. who accepts lot
, ferry charter does so with an implied II
Outstanding that, the people in their SOY
errign capntity, aud through their pro-
erly onstitutrd authorities may TAX
| back at any time when the public goo
shall require, and this whether it be pal
: or not. He gets in legal effect n"th'n
Q o,oro than q licenCe to continue, on III