The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1880-05-13

the State Of Mississippi. This was . suit
brought by the State for the parpose of sup
pressing lottery company known a. "The
Mississippi Agricultural. Educational and Man
ufacturing Aid Society" This corporation
was duly chartered BY An act passed by the leg.
islsture of Aississippi on tho 10th of January,
1861. On the 10Th of July, 1870. an act was
Paa.ed TO- give effect TO article IL,
of 1855 Which prohibited % the .etSo1ise.ion ,ct;on
OF lotteries by The State, and tho turtle
sale OF tickets by companies already author
l1ed. The circuit court, upon information
aled by the attorney general, and in view of
th's prohibiting act. entered judgment of oust-
er against the respondents, which, upon ap-
peal, Wa affirmed by the supreme court. The
oase u now brought here for review ON the
ground that the act of tho State Legislature of
July 9Th, l67O, making it unlawful to conduct
lottery in the State of Hissisaippi, il uncon-
stitutionA and invalid, because it impairs the
Obligation OF tho contract entered into BY the
State when it granted the plaintiffs in error
their charter. THIS court holds:
First-A contract which the State enters into
when 1t grants . charter to q private corpsra-
tien. il undoubtedly under the protection of
tho federal constitution.
eecond-That the legislature of Mississippi
did undoubtedly enter into 4 contract with
this corporation, the condition of which was
payment to the State by the lottery company
of . certain percentage Of the lottery's re-
oeipts.
Third-That although the lottery company
was thus duly chartered, tho Legislature which
granted that charter bad no authority to bar.
gain away tho police power Of tho Stste.
The regulation of all matters affecting the
public health and public morals, the super
vision of both these subjects of governmental
power, Ii continuing in ito nature and they are
to be dealt with - special exigencies of tho
moment may require. Government is organ
ized With view to their preservation and can
not divest itself of the power to provide for
them. That lotteries are demoralizing in their
effects, no matter how carefully regulated,
cannot in the opinion of this court be doubted.
There is now scarcely = State in the
Union where they are tolerated and
Congress h.: enacted special statute. the OBJ
ject of which 10 to close the mails against
them. This being the case, there can be no
question that lotteries are proper subjects for
tho exercise of the states governmental or DO
lice power.
Tho contracts which the federal constitution
projects are those which relate to property
tight., not to government rights. Lotte ries
Of gambling: and wrong in their in
fuences. They disturb the checks
and balances OF . we'll ordered community. So
ciety built on such foundation would almost
OF necessity bring forth population of specu-
lators, gamblers living on the expectation of
what chance might award them from the accu-
mutations of others. Certainly the right to
stop them Is governmental and to be exercised
at all times by those in power 1t their discre-
tion. Any one, therefore, who accepts . lot
tery charter does so with the implied under
standing that the people in their
sovereign capacity and through their properly
constituted authorities may take it
back ut any time when the public good shall
require, and this whether it be paid or not. He
gets in legal effect nothing more than license
to continue on tho terms named for a specified
time. unless tooner sbrogated by the sovereign
OF the State. 1t is permit good as against
existing laws. but subject to future legislation,
or constitutional control, or withdrawal.
Decree affirmed with coats.