The times. [volume] (Richmond, Va.) 1890-1903, 1891-04-30
THE Iou1srANA LOTTERY DECISION.

THE LOUISIANA HpI1ERY DEs11ioN'
The recent decision of the Supreme Court
of Louisiana. compelling the Secretary OF
State TO officially promulgate the constitu-
tional amendment adopted by the last Louis
lana Legislature providing for submitting q
continuation Of the charter of the lottery to
the people--despite the veto of the Governor,
settles one very important and interesting
fact, and that is that constitutional amend
ments adopted by the requisite two-thirds
majority of both Houses of State Legisla-
ture occupy a radically different position
from ordinary bills.
The circumstances of this case are well
known to The TINES readers. The charter OF
the lottery was about to expire, end the CON-
pany determined TO leave no expedient I'M
tried TO secure its renewal for twenty-five
years. To effect this they offered to pay the
State of Louisiana 81 100000 year for the
term mentioned. and this. when the i'm
poyershed condition of the State treasury was
considered, proved too great temptation for
the Legislature to resist. Knowing. how
ever, the bitter animosity OF Governor
Nichols to the measure, and that he would
be certain TO veto any ordinary bill which
might be passed. the COMPANY induced
the Legislature 10 adopt An amendment TO the
State Constitution providing for renewal such
amendment. Of course TO be submitted to the
people for ratification. After somewhat OF a
prolonged struggle. the amendment was
adoptedby exactly the necessary two-thirds
majority in both Houses, and it then went to
the Governor, who vetoed il and returned II
to the Legislature. In the meantime, one OF
the Senators who had voted for it became
seriously and, as it proved, fatally Ill. ana
although efforts were made TO take INN on
his couch TO the Senate chamber, so that,
though dying. his vote might be recorded in
order that the amendment might be passed
over the veto. he was too weak TO be moved.
He finally died without his vote being cast,
and as IL needed that one vote to obtain the
desired two-thirds' majority for the measure
in the Senate. the Secretary Of State held that
the amendment was dead, and refused 10 have
it officially recorded and promulgated.
The lottery company were then compelled
TO resort tOanother expedient and determined
TO appeal TO the Supreme Court for man
damus TO compel the Secretary 10 give official
recognition 10 the amendment, on the ground
that the measure, being constitutional
amendment legally adopted by the Legisla-
ture. was not subject to the Governors right
of veto, and that the only veto power laid
with the people The point was argued care
fully and at length. and finally the court de-
cided in favor of the lottery company.
Whether the people will ratify the amend
ment or not, and 30 renew the charter, is
matter in which the whole country is more or
less Interested for the lottery abomination
has for years been the great demoralizer OF
the people of every State of the Union. 1t Is
to be feared they will, for apart from the
tempting offer of the company to reduce
their taxes to the extent of 81 900 year
for a quarter of century, money for the pur-
chase of voters will be spent like water, and,
unfortunately, there are very large class
of voters in Louisiana always ready to
cast their ballots in accordance with the
wishes of the highest bidder. The main point
of present interest, however, is that mentioned
at the beginning of this article. which is that
according TO q majority decision of the
Louisiana Supreme Court, amendments to
State constitutions. legally adopted, are not
subjects Of Executives veto. Such isthe law Of
Louisiana. and will be regarded as authority
throughout the Union unless set aside by the
| Supreme Court of some other State, in which
event. so far as that State is concerned it Will
| be imperative.