The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-19
MIssIssIPPIs LOTTERY.
Case Decided by the Supreme Court of
the United States-HiStory of the Suit
Reviewed at Great Length-A Con.
stituti0nal Question.

THE RULING OF THE STATE Courts Held To BE
] GOOD, SoLID LAW. AND THEIR DECISIONS Az
/ FIRNED, NITH CosTs AGAINST THE RESPOND
ESTs.
WASHINGTON May 1o-The supreme Court
to-day rendered the following decision
f John L. stone et a., plaintiffs il error rs
/ the State Of Mississippi, which was a suiy
t brought By the State Tor the purpose OF SUI
/ pressing the lottery company known as tho
! Mississippi Agricultural Educational and
Manufacturing Aid society. This CORPORA
/ ton was duly chartered by an act passed by
I the Legislature on the sixteenth OF January
1867 On the ninth Of July, 1870, an act was
passed 10 give effect to article L. section 10,
of the SAFE Constitution OF 1865, which pro-
hibited the authorization of lotteries by the
State and the further sale of tickets by COM
panies already authorized. The circuit courti
upon information filed by the attorneY-gener-
al, and III view of his prohIbitory act, enter
ed judgment of custer against respondents,
which, upon appeal, was affirmed by the Su-
lreme Court. The case is now brought here
for review upon the ground that the act of the
State Legislature of July 8, 1870. making it
unlawful TO conduct a lottery in the State of
Mississippi Is unconstitutional and invalid,
because II lmpaIrs the obligation of contract
entered into by the State when it granted the
plaintiff IN error charter. This court holds,
FIRST. that a contract which a State enters into
when 1t grants charter 10 a private corpora
uon Is undoubtedly under the protection of
the Federal Constitution; second. that the
Legislature of Mississippi did undoubte lily
enter into a contract with that CORPORATION
the condition of which was the payment to
the State 6Y the lottery company of a certain
percentage of the latters rec ipts; third. thar
although the lottery company thus duly
chartered, the Legislature which granted that
charter had no authority 10 bargain away the
police power Of the State-that is, the regula-
ton OF all matters affecting the public health
and public morals. The supervision of both
these subjects of governmental power is con-
tinuing "a It's nature, and they are TO be dealt
a. Is pt he
ment may require. The Government is organ
lied with view TO their preservation, and
cannot divest itself of the power TO provide
tor them. That lotteries are demorali ZIng in
their effects, no matter how carefully they are
cannot in the opinion of this court,
be doubted. There is now scarcely a State in
the Union where they are tolerated, and Con
gresS has enacted special statute, the object |
of which Is to close the mails against them |
This being the case, there can be no |
question that the lotteries are proper subjects |
tor the exercise of States governmental or POI |
lice power. The contract which the Federal |
Cons titution protects are those which relate |
to property rights, not 10 government rights. |
Lotteries belong TO the latter class. They are I
peciess of gambling and wrong in their in
hueuces. They disturb he checks and balan-
ces OF well ordered community. A society
built such foundation would almost of a
necessity bring forth a population of specula-
tors and gamblers, living on the expectation
Of what chance might award them from the
lecumula lions of others. Certainly the right
10 stop them Is governmental, and to be exer-
used at all times by those in power ut tNeir
discretion. Amy one, therefore, who accepts a
ottery charter, does with the implied un-
ierstanding that the people in their sovereign |
apacity, and through their properly consti
uted authorizes. mis- ht take il back at any |
line when the public good shall require, and
hen, whether it be paid for not, begets in
egal effect nothing more than license to con-
inue on the terms named for a specified time,
lnless sooner abrogated by a sovereign State.
t is perma nent guard against the exist
ng laws, but subject to future legislation or
Constitutional control or withdrawal. The
Lecree was affirmed. with COSTS