Evening journal., 1891-04-28
THE LOTTERY A WINNER.
Louisiana Can Vote to Sell It a
Charter.
THE SUPREME COURT 50 DECIDES.

There Il No Appeal from the Decision.
and the People WIZ Decide the Ques-
tion in April, 1s8e-The Lottery Com
pany's Great oner to the state.
New ORLEANS, April % s--The state SUI
preme court has finally rendered decision
In the famous lottery case in favor OF The
lottery. There IL no appeal The case
was first presented to the court nearly two
months age, and the decision is partici-
pated in by the whole court OF five JUS
| tices, Associate Justice Breaux taking
part in the briefs submitted He was in
when the case was argued by counsel The
| decision is Of transcendent Importance to
| the people Of Louisiana, as II involved
their right 70 vote upon a constitutional
amendment providing for an annual in
crease to the revenues Of the state of
81, 600
~ VIII BE Hot Fight.
As result Of the opinion rendered
Louisiana viii witness one of the most ex-
| citing political fights ever waged in this
state between factions OF the Democratic
party The state election takes place next
April The lottery made It's fight for a
charter in the last legislature, and the
amendment proposed was lengthy one
and was drawn by learned lawyers.
The vigorous fight. on the amendment
Is well remembered The lottery won in
both houses by the required two-thirds
vote and the bill was sent TO the governor,
although il was held that his signature
was not necessary to the proposal OF con-
stitutional amendment submitted by q
two-thirds vote in each branch OF the leg
islature The governor vetoed the amend
ment and the house disregarded the veto.
Before like action in the senate could be
taken senator who had voted for the lot
terry amendment died, whereupon the
house receded from its action.
The Secretary Against Them.
The secretary OF state refused to pro-
mulgate the amendment because the gov
ernor's signature was missing. There
upon the lottery made application for n
mandamus before the district court ut
Baton Rouge. The mandamus was re-
fused, and an appeal was taken to the SUI
preme court. Counsel opposed to the lot
terry argued that the governors signature
was necessary; that the amendment had
not been legally passed; that ii had not
been read the required number Of times in
both houses; that II had not been properly
sprend upon the minutes and that the
amendment was illegally drafted.
The decision has caused considerable ex-
element The court stood 20 q The
court room was crowded with the lawyers
and the friends Of both sides Of the lottery
question.
To Vote Next April.
Associate Justice Watkins was the or
gan of the court, and his opinion consumed
more than an hour and half Chief JUS
tice Bermundez and Associate Justice Nc
Emery concurred and Justices Fenner and
and Breaux dissent. he court holds that
the secretary Of state may make correction
in the journal after the adjournment OF
the legislature that the printed journals
are the valid journals; that the amend
ment was properly drawn and properly
passed, and that the governors signature
or veto could not affect the amendment
The lottery proposition, therefore, will bo
promulgated and voted on by the people In
April, 1892
4 Tho Lottery Men Fighting Hard.
WASHINGTON. April 2s-Argument in
the anti-lottery law cases, brought to the
supreme court Of the United States by
Rapier the publisher OF the Mobile {Aia.}
4
isiana Lottery company, upon petitions for
writs Of habeas corpus against the con-
stitutionality Of the recent act Of co..eISs3
generally known as the anti lottery law,
was postponed by the court yesterday
until the beginning Of the October term OF
court. Elaborate printed briefs with argl-
ments by counsel for the petitioners and
for the United States have been prepared
and presensed to the court. Counsel for
the petitioners attack vigorously the con-
stitutionalty OF the anti-lottery law This
Is their only contention. Rapier's counsel
maintains that this congressional enact
ment is in open violation OF the first amend
ment to the constitution Of the United
States, which provides that congress shall
make no law "abridging the freedom OF
speech or Of the press.
The Lottery's Argument.
Counsel for Dupre, OF the Louisiana Lot
terry company, contend that the anti
lottery statute is invalid, az being an at
tempt 10 exercise power not conferred by
the constitution upon congress; that con
gress has no power to exclude matter con-
cerning lotteries from the mails on the
| ground that the circulation Of such matter
would have an immoral or injurious tend
ency. On this point IL is insisted that tbs
real power exercised Dy congress through
this law is not the regulation Of the mails,
as authorized by the constitution. but is
an attempt TO hamper impede, and If
| possible, destroy the lottery business ia
| order to protect the people OF the Uuiiea
| States from the assumed demoralixinx and
| dangerous tendency of lotteries.
The Governments Case.
Assistant Attorney General Maur. in
his argument in support of the anti-lafsery
law, argues that there is no limit stioa
whatever on the will OF congress. ah.s
whole subject is one of legislative d.srr.-
ton, like the police power of the states, Or
the power ITO raise and support armissi.'
The right to the mail is just what con-
| gress chooses to give. The right to use tue
mails is not q right conferred by the law
of nature, and does not exist outside tbs
constitution, like the right to engage in
| commerce or pursue happiness. The whole
subject is safe in the hands of congress,
and the people viii be quick enough to
take alarm at the first approach of danger
without listening TO the slogan of this
new sentinel Of liberty, the Louisian@
| Lottery company.