The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-03-18

II "
Cooley" few extracts, which we were sill,
enough to suppose carried az much weigh
when published In newspaper a
!, when quoted by barrister. Blu
to return to our mutton. Our special pleader
warming up to his task, with great disdair
disposes Of all the rules Of Interpretation
construction, implications, proceedings, con
temporaneous history. and other lights af
fected by the old fogies, and planting himself
like rock, upon the instrument itself.
quotes Cooley" to sustain him. Not to be
outdone In generosity by our neighbours re-
cruit, we offer him stronger quotation, for
his purpose, from the same authority. VIZ:
Cooley, p. 81:
Whether We are considering an agreement
with q View to It's Interpretation. the thing
which We are to seek is tho thought ,0hich q &C.
70 ascertain tss the arst resort IN al
ransement in which the trainers Of the instru
words word u embod1 definite meaning. which In
tween different parts 81 the same writing. then
strument is the one which alons. We are at
liberty to say was intended to be conveyed.
In such case there s y % I room for constrIc.
leaning OF the instrument. and neither courts
nor legislatures have . right to add to or take
| away from that meaning.
Now, what are the words of the .instru-
ment itself." upon which the controversy
turns2
The General Assembly shall have power to
grant lottery charters" etc.
It would appear from this argument that
we have only to ascertain the definition OF
the word "charter." which Ia the thing to be
granted by the Legislature. In order to make
the matter clear.
In the language Of our neighbours volun-
teer aid the answer is short. sharp, irrefuta-
BILE:
Chambers's definition of the word runs as
follows:
In private Law its most important use is IN
to he new By proo of tSe
ter. In pubic law Tic name & given to those
the rights and privileges 81 their subjects. OF
BY which sovereign State guarantees those Of
q colony or other dependency.
It Is in measure intermediate between the two
We have mentioned. viz. whore we speak OF the
ts IL ~
BY which powers and privileges are conferred
BY the State on q select body Of persons for a
special object.
Bump says:
a charter is q stipulation on the part Of the
q corporation for an indefinite time. or for the
term limited In the charter. unless sooner for.
laws as cause of forfeiture; that is constitu.
scribed BY It's charter. shall not be annulled or
shall not be added Or removed; that modes Of
election. expulsion or suspension of members
19 e
the terms Of the enarter. In addition to which
Withdrawn Or diminishsd: Comm. ". oi FARM n
ers' Bank. SO Mass. So; Thorpe vs.. B. and r.
R, Co., n IT., 40.
viii our neighbor claim that the Gibson
bill, which authorizes any Individual to sell
lottery tickets, policies. combinations or de-
vices, provided they give bond to the Audi
tor for the payment Of the license, Is char
ter In the contemplation Of the law and the
constitution.
II our neighbor again decides against US,
then let us contemplate another phase Of the
question.
Suppose, for the sake Of argument, that a
notorious bunko, lottery or policy dealer
from New York, VINO, having escaped from
the myrmidons Of the law, is now In this city
seeking to purchase charter, should incor-
porate himself under the general bill, pay his
$4,000, execute bond and food the market
with, say. 100000 Of tickets In swind-
ling scheme. imposing upon the peo-
pie under the color of the in
dorsement Of the State OF Louisiana.
Suppose he runs away after getting the
peoples money or continues his swindling
practices, how will the State protect her
citizens from such evil consequences? II the
States theory be correct. the Legislature
will be bound hand and foot, powerless to pro-
tect the people. and responsible for q flood OF
evils which would be fastened upon society
for fifteen years.
Future Legislatures would be confronted
with the same insuperable barriers which
prevented the Constitutional Convention
from abolishing the Louisiana Lottery Com
pany.
Cooley says: .5..u5mM.5
Charters Of incorporation. except those Of q
municipal character. and which, as We have
ment, are held to be contracts between the State
and the corporators, and not subject to modih-
% sns1s g By The ED % b The sa s
charters themselves.
Bump says:
The charter Of q private corporation is con
tract. the obligation of which cannot be i'm
Dartmouth College v; 7s. woodward. Wheat.
SIS: Norris We. Abindon Academy. z G. & J.7;
Canal 90. We. B R: Co.. "a. u. /: Regents vs..
R r. Co. II Conn. 10: Michigan Ban vs.. Has
tin9s. Doug. 225: Young vs.. Harrison. Geo.
$50: Bank VI. Bank Of Cape Fear. IS Ired.
VAM %
ham.on Bridge Co. vs. Chenango Bridge, 8
Wall 81, 8. q q. n. J. 81: Phila. ". and B. 3. b.
vs; Bowers. Houst. SOC: Union Bank vs. State
YerR. 400; Allen vs. Buchanan. Phila. ass: 8.
q. Pitts. L. J. 128.
a charter ie contract both executed and ex-
ecutory. Phila. w. and B. 3. B. Go. ps. Bowers.
4 H0usE. 6O6.
Every valuable privilege given By the charter.
and which cbnduced to an acceptance OF 1t and
Ale~ As L. ks,lal