The times. [volume] (Richmond, Va.) 1890-1903, 1891-04-28
THE LOTTERY Wins THE FIGHT.
The Supreme Court GlVeS a Final Decision
in the Famous Case,
HOW The DECISION ..YFECTS The STATE.
A Fierce Political Struggle Between Factio. $
fthe Democratic Party VIII Re
suIt-History of the Case.

ENEw ORLEANS, La. April 27.-The State
Supreme Court has finally decided the
famous lottery case in favor Of the lottery
against which there is no appeal. The case
was first presented to the court nearly two
months ago. and the decision is participated
in by the whole court Of five justices.
The decision is Of transcendentfmportan
to the people of Louisiana. as it involved
their right TO vote upon a constitutional
amendment providing for an annual increase
10 the revenues of tho State of million and
a quarter dollars. As a result Of the opinion
rendered to-day Louisiana Will witness one
of the most exciting political fights ever wit
messed in this State between factions of the
Democratic party. The State election takes
place next April.
VIGOROUS FIGHT.
The lottery made its fight for a charter in
the iast Legislature. and the amendment pro-
posed was "a lengthy one, aud was drawn by
astute LAWYERS. The vigorous fight on the
amendment is well remembefed.
The lottery won in both houses by the re-
Quired two-thirds vote. and the bill was sent
to the Governor, although II was said that his
signature was not necessary 90 the proposal OF
a constitutional amendment submitted by a
twO-thirds vote in each branch Of the Legisla-
ture. The Governor vetoed the amendment,
and the House disregarded the veto. Before
like action in the Senate could be taken, a
Senator who bad voted for the lottery amend
meut died. whcreupOn the House receded
from its action.
APPLICATION FOR A MANDAMUs.
The Secretary of State refused to promul-
gate the amendment because the Governors
signature was missing. Thereupon the lot
terry made application for a mandamus before
the District Court at Baton Rouge The man.
damus refused and an appeal was taken 70 the
Supreme Court. Counsel opposed.to the lot
terry argued that the Governors signature was
necessary that the amendment had not been
LEGALLY passed: that il had not been read the
required number of times in both houses. that
it had not been correctly and properly spread
upon the minutes and that the amendment
was Illegally directed.
The decision has caused considerable ex-
element The court stood three 10 two.
The court holds that the Secretary Of state
may make correction in the journal alter. the
advent Of the legislature that the printed
Journals are valid Journals: that the amend
ment WAS properly drawn and properly passet,
and that the Governors signature or veto
could not affect the amendment. The lottery
proposition, therefore, viii be- promulgated
and voted on by the people IN April. 1892.
Assistant Attorney General Maury IN his
argument in support of anti-lottery law,
argues that the power 10 establish a postal
service given to Congress by the constitution
is power 10 create such service and TO make
and 10 shape it according 10 the will Of Con
gress. and that there Is no limitation whatever
10 the will of Congress. The whole subject,
he argues, is one of legislative discretion.
like the police power Of States or the power
TO raise and support armies