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

and most gratifying vindication OF the
position assumed by the States. upon the
lottery question, which has been engag-
ing the attention of nearly all the courts
in this city for the past five years.
1t is an entire reversal of the decision
of Judge Billings in the injunction suit
Of the Louisiana Lottery Company t"
stay the enforcement of act No. IA of the
Legislature Of 1879. ESPECIALLY declares
that Legislature has no power to bar
gain away, the police power Of a State.
1t says also, the ri ght Of the Legislature
"to stop lotteries is governmental, and to
be exercised at all times Gv those in
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 the 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 le 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 decision as tn at
| Just rendered by Justice Waite will be to
make act al operative and in full force,
and effect "fron 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 it's So call
ed contract was conditionally 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 decis-
| ion of Judge Billings to the United States
| Supreme Court The I'M junction is direct
| cd against the State ana its officers. pro-
| hibting 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 State.
after having chartered a lottery company
and enter e6 int" a contract with it, still
| has q 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-
| l<>tf J., I'll z hnr 1oI
or otherw ise, an offence against the State.
In the present case the State brought suit
to suppress Il lottery known as the Mis-
sissippi Agricultural, Education and NJ an
ufacturing Aid Society, chartered by tt g
State in 1867, but forbidden by article IL,
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 plaintiffs
in error was duly chartered uy the State,
tn. legislature which granted that char
ter had O authority to bargain away the
f police power of the State-that is, the
, regulation of matters affecting public
!, health aud public morals. That lotteries
, are demoralizing in their effects, no r1at
. 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 q special statute th'
r object of which is to close the mall
= against them.
=; This being the case, there can be M
: question that lotteries are proper suhjeot
= for the exercise of State governmental I"
f | police power. Contracts wAlch the Fed
e eral constitution provides are for thos
It which relate to property rights, not T.
It governmental rights. Lotteries belong t
y IA larger class; they are species of gam
:, bling and wrong in their Influences; the
" disturb the checks and balances of a we
lc ordered community; & society built
d such a founda tion would almost of nece'
T. sity br,ny forth population of expects
" tors and gamblers, living on eXpectatio
,r of what chance might award them fro'
TO the accommodations of others. Certaln'
ty the right TO stop-them is governments.
aud to be exerci scd at all times by thos
in power at their discretion.
tt ANY orc, therefore. who accepts i"
It, ferry charter does so with an implied II
u derstandin. that, the people in their SOY
1t ereiyu capatity, aud through the'r pro!
OF erly onstitutcd authorities, may tak'
nd back at any time when the public goo
IN shall require, and this whether 1t be pa'
ng or not. He gets in legal effect not hin
ce moro than a licence to continue, on II