Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-05-11
LOTTERY CHARTERS.
POLICE POWER OF STATES.

| POLICE POWER OF STATES.
WASHINGTON, May l0.-The supreme court
rendered the following decision, o-day:
John B. Stone ct al, plaintiffs in error, VS..
the State of Mississippi. This was a suit
brought by the State for the purpose of sup
pressing lottery company known as ''The
Mississippi Agricultural, Educational and Man.
ufacturing Aid Society,"" This corporation
was duly chartered by an act passed by the leg
islature of Mississippi on the 10th of January,
1861. On the 10Th of July, 1870. an act was
passed to give effect to article IL,
section Is, of the State constitution
| of 1868, which prohibited the authorization
of lotteries by the State, and the further
sale of tickets by companies already author
lied. The circuit court, upon information
| fled by the attorney general, and In view of
this prohibiting act, entered Judgment of GUST
| er against the respondents, which, upon ap-
| peal, was affirmed by the supreme court. The
| case is now brought here for review on the
ground that the act of the State legislature of
| July 9th 1870, making it unlawful to conduct
q lottery in the State of Mississippi, is uncon-
stitutional and invalid, because it iInpairs the
obligation of the 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 it grants a charter to q private corpora
tion, is undoubtedly under the protection of
the federal constitution.
Second-That the legislature of Mississippi
did undoubtedly enter into 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-
ceipts.
Third-That although the lottery company
was thus duly chartered, the legislature which
granted that charter had no authority to bar.
-, ,,e kta Qtoko
The regulation of all matters affecting the
public health and public morals, the super
vision of both these subjects of governmental
power, is continuing in its nature and they are
to be dealt with as special exigencies of the
moment may require. Government is organ
lied with view to their preservation and cam
not divest itself of the power to provide for
them. That lotteries are demoralizng in their
effects, no matter how carefully regulated,
cannot in the opinion of this court be doubted.
There is now scarcely a State in the
Union where they are tolerated and
Congress has enacted special statute, the .ob
ject of which is to close the mails against
them. This being the case, there can be no
question that lotteries are proper subjects for
the exercise of the states governmental or po-
lice power.
The contracts which the federal constitution
projects are those which relate to property
rights, not to government rights. Lotte ries
belong to the latter class. Ihey are species
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 q 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 at their discre-
tion. Any one, therefore, who accepts lot
terry 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 at 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 the terms named for a specified
time, unless sooner abrogated by the sovereign
Of the State. 1t is permit good as agail st
existing laws, but subject to future legislation,
or constitutional control, or withdrawal.
Decree affirmed with costs.