The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1891-05-02
The Lottery Case.

Monday morning the Supreme Court
rendered its decision in the famous lot
tery amendment case, which is in favor
of the lottery.
Justice Watkins was the organ OF the
court and Chief Justice Bermudez aud
Justice McEnery concurred. The dis
senting members of the court were JUS
tices Fenner and Breaux.
The decision Of the court sustains the
validity of the journal upon which the
fight was made; denies the right of the
power of the governor to veto an amend
ment to the constitution which had been
adopted by two-thirds vote of the legis-
lature, and also recognizes the unity OF
the lottery bill which was acted upon
by that body.
The following is syllabus Of the de-
cis;On:
"First-When the charge in the re-
turn OF a respondent in a mahdamus
proceeding is OH account of certain
unauthorized amendment, alteration
and Interpolation in what are rendered
and offered in evidence as official jour
mails of legislative proceedings, same
cannot be so received and considered,
the objection goes to the effort Of the
evidence and not to its admissibility.
SecOnd-The constitution requires
that each House of the General Assembly
shall keep journal of its proceedings
and Gauss the same TO be published i'm
mediately after the close Of the session;
it also declares the original journal
shall be preserved after publication in
the Office of the Secretary of State, and
that no other record shall he required.
When legislative journals are thus pu-
blished, and preserved they constitute
the ultimate proof of the verify of these
proceedings.
"Third-Such official journals impart
absolute verify and form conclusive
proof of the proceedings themselves
when considered with reference to the
evidence of such proceedings, but proof
! is admissible to show that they have
not been made the actual repository OF
the proceedings Of the General Assembly.
As they transpire eXtrinsic proof is ad-
misSible for the purpose of contradict
ing the facts therein recited, but proof
is admissible to show that through an
improper exercise of Judgment on the
part of public official or State agent OF
representative, ir'rinsic error exists.
"Fourth-The rights of the Secretary
of State, unter the provisions OF Article
256 of the Constitution, and in his re-
turn to mandamus proceeding to raist
issues exclusively appertainiDg to tn
inherent illegally of constitutional
'' amendment, are very questionable In
deed and consideration Of these must b'
restricted to such as are apparent ant
glaring.
, "Fifth-N is not contemplated by Ar
; ticle 256 of the Constitution that pro
position for the amendment there0
. shall be submitted to the governor TO
= his approval; that is unnecessary.
:. fair test of whether proposed amend
;. ment contains legislative provision
!" that have the effect of degenerating
into an ordinary statutory enactment
y is to consider whether the alleged legis
- latiye matter could stand az an indt
'o pendent statue if approved and If tn
{, amendment was to he held invalid bt
" cause of its not having been legally Ell
- - acted by the General Assembly.
. "Sixth-PrOvisiOns contained in pr
~ pared amendment, which are only aul
Hilary to or adjutatOry thereof, cann'
be given that effect.
"Seyenth-Whethe proposed amen'
J., ment contains provisions which cann'
be submitted as one amendment mu
be construed and determined by a cor
parison thereof with the one object arr
Gle of the constitution.
ne Chief Justice Bermudez and Justi
ey McEnery each read strong cOncurril
ut opinions, and the former characteriz
IL the action of the governor in vetOil
IL the lottery amendment as a vain pl
IL ceeding. On the other hand Justit
an Fenner and Breaux give as their reaso
n for dissenting that the lottery ameT
10 ment passed the Legislature improper
10 The decree of the court makes the W
q Of mandamus prayed for preemptOry.