The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1880-05-28

don, or the executive officer who is
sues It.
THE SALE OF LOTTERY TICKETS.
The Supreme Court has recently rem
dered a decision which affirms the ille-
gality of the sale of lottery tickets by
any persons except those authorized to
sell them according to article 167 Of the
constitution of 1879.
The Act No. A OF 1879 was intended
to prohibit absolutely the sale Of lot
terry tickets, and imposed penalties for
the lnfraction of this law. Under this
act one Carcass was prosecuted before
the First District Court of New Or
leans. He pleaded guilty, but after
wards applied to the court to with
draw his plea. His application was
denied, and, upon being about to be
sentenced, he applied to the Supreme
Court for relief. The appellate court
held that Act No. A did not repeal the
charter of the Louisiana State Lottery
Company, as its vested rights were dis
tinctly recognized by the present con-
stitution, and that its penal provisions
against the sale of lottery tickets or the
having them in possession for the pur-
pose of sale, were still in force and ap-
plicabie to all persons who should sell
them or keep them for sale, except rs
they were authorized so to do under
the constitutional provisions respecting
the incorporation Of lottery companies.
Chief Justice Bermudez closes his
opinion with the following remarks
Constituting the act of 1879 and the
article of the constitution together. SO
as to give full effect to each and ali the
parts of both, and blending them to-
gether, we consider that the law of
Louisiana on the subject of the vend-
ing of lottery tickets simply is:
The sale of lottery tickets in this
by organizations chartered by the
State, who, before dealing in that kind
of speculation, shall have paid an an
nual license of not less than SIC, 600 to
the State. There shall exist no mo-
nopoly for the sale Of such tickets or
doing of such business.
individuals violating the law by
selling lottery tickets, or dealing in the
lottery business, without having prevl-
ously obtained a charter and paid the
required license, in the manner pro-
vided by law, shall be prosecuted and
punished by fine and imprisonment.
The Louisiana State Lottery Com
pany, previously in existence, shall
continue its operations on abdicating
all its pretensions to Il monopoly and
on complying with the requirements
touching the payment OF the license.
Finding, as we do, that the pituitary
section of the act Of 1879 has not been
abrogaied as far as It affects individuals
selling lottery tickets or dealing In lot
terry business, who have not previously
obtained charter and paid the re-
quired license, we conclude that the
relator Is not entitled to protection for
the reasons alleged by him against the
apprehended sentence Of fine and i'm
prisonment.
1t is therefore adjudged that the re.
straining order hereinbefore made be
dissolved, and that the application for
a perpetual prohibition be refused at
the cost of relator.
This decision efIeciually dethrones
Charley Howard AS the lottery mon
arch of Louisiana, and the Supreme
Court--all praise 10 it!-accomplishes
what the assembled Legislative wisdom
and manhood of the State had not the
courage to do. The TELEGRAPu is
pleased Mt the result, since we have not
only warred in these columns upon the
Howard monopoly, but have declined,
when asked, to submit for its consider
alton our terms for advertising.
The effect of the decision just rem
dered will be TO increase the number
of lotteries, and thus increase the
revenue Of tho State.
THE REPUBLICAN CONVENTION.
The Republicans met in convention