Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1880-07-30
Important Decision.

Hitherto the lottery business has
seemed to thrive best when most strenu.
ously attacked. The very recent we'll
meant and vigorous attempt to exclude
their letters from the mails, for in
stance, did nothing more than attract
attention to the fact that the statute
only excluded postal matter relating to
illegal lotteries" an epithet which
it was plausibly and successfully argued
could not be applied to corporations
regularly chartered by any State. Quite
another light is thrown upon the mat
ter, however, by decision of Chief
Justice Waite, which was reported yes
terday, in the case of the lottery com.
pany euphemistically known as the Mis-.
sissippi Agricultural, Educational and
Manufacturing Aid Society. This lot
terry was chartered by Mississippi in
1867. In 1870, an act was passed to
give effect to that section of the State
Constitution which prohibited the au.
thorization of lotteries by the State,
and the further sale of tickets by lot
teries already authorized. Thereupon
the Attorney General of the State
brought . suit which ended the compa.
ny's business, and the case was brought
before the Supreme Court on appeal.
The argument of the lottery company's
counsel was that the act of 1870 was
unconstitutional in that it impaired the
validity of the contract entered into by
the State when it granted the Missis-
sippi Agricultural, etc., charter. Chief
Justice Waite admitted that the charter
was contract OF certain kind, but
declared that it was not such contract
as is protected by the Federal Constitu.
ton. The contracts 80 protected relate
to property rights, not to government
rights, and lotteries belong to the latter
class. Tue Legislature which granted
the charter had no right to barter away
the States police power to regulate all
matters relating to public health and
morals, aud lotteries are peculiarly
tit subject for the exercise Of such
power. Consequently, the right to
regulate or stop them IS governmental,
and to be exercised at all times by those
IN power at their discretion. Any one,
therefore, who accepts u lottery charter
does so with the implied understanding
that the people in their sovereign Ca
pacity, and through their properly con-
stituted authorities, may take it back at
any time when the public good shall
require, and this whether it be paid for
or not. He gets, in legal effect, moth.
ing more than license to continue on
the terms named for the specified time,
unless sooner abrogated by the sover.
eign power of the State. 1t Is per-
nit good as against existing laws, but
subject to future Legislation or consti-
tutIonal control or withdrawal. There
| is as little doubt that this decision is
good sense as that it is law. Itsprinci.
pie is long step toward ending the
obnoxious and technical distinction be-
tween illegal" and illegal" lotteries,
and if followed up will do much toward
rescuing the credulous and ignorant
poor from fraud in spite of themselves.
The amazing and, in one sense, anus.
ing impudence with which lottery deal.
ers ply their trade. and certain news.
papers print their advertisements, and
the United States is forced to carry
their mail matter, is nothing less than
public scandal, and calls for the con-
domination of all reputable people, as
we'll vs. repression by the strong arm of
the law.-N. Y. Times.