St. Landry clarion. (Opelousas, La.) 1890-1921, 1891-05-09
WILL HE PAY THE MONEY!

tains an editorial in relation to tn,
lottery amendment in which it use
the following language sa
If it succeeds With the people tn,
name of the gentleman who is at thu
head of the loff4etr coaap6ny 81.
guarantee that all the obligations as
sumed will be fulfilled, even at his owr
] cost"
The New Delta has comment rid
iculing the large promises which the
Picayune volunteers to make in behal
of John A. Morris, calling attention te
the fact that in 1887 he promised moi
to apply for rechaser of his com
pany, and to his promise advance
100000 to the levees in lse the
legislature submitted his proposition
to vote of the people-both of which
promises he violated.
But we propose to discuss this sub
ject from another stand point. Will
Morris, in case he obtains majority
of the votes of the people, execute in
favor of the State five million dol
lar bond to guarantee the payment to
the State of twelve hundred and fifty
thousand dollars per annum for twen-
ty-fve years?
No, no; he will do no such thing.
First, because there would be no bust
ness sense in his doing so. When
Morris made his proposition he had
the whole United States for market
for the sale of his lottery tickets, and
but a small portion of his profits were
derived from the business done in this
State. Since that date the passage of
the act of Congress prohibiting the
use of the mails to the lottery COM
pany and the refusal of the express
companies to transport lottery matter
hkve SO limited the business Of the lot
tery that it is simply impossible for it
to pay this enormous annual license.
Secondly, the lottery company will
not accept the amendment and comply
with the conditions it imposes, because
there is nothing in the amendment
compelling Morris and his associates to
10 SO. Should the amendment pass
BY vote of the people and become in
into our state constitution,
here is absolutely no guarantee what
ever that Morris viii accept it, nor is
here any redress nor any recourse of
my kind whatever given the State in
.ase he should after all, decline the
,roffered franchise, and the State of
louisiana in such case will not even
lave the poor privilege given every
uitor OF going into court with an ac-
ion of damages for breach of contract,
because there is no contract. Here is
'ur law upon the point:
G. C. Art. 1898. As there must be
wo parties at least to every contract
o there must be something proposed
" one and accepted and agreed to by
mother, to form the matter Of such
ontract, the will of both parties must
mite on the same point.
C. G.. Art. 1899. 1t is a presump-
ion of law that in every contract each
'arty has agreed to confer on the other
he right of judicially enforcing the
erformance of the agreement unless
he contrary be expressed or may be
implied.
c. C. Art. 1900. The contract con-
lsting of a proposition and the con-
ent to it the agreement is incomplete
ntil the acceptance of the person to
HON it is proposed. If he who pro-
osed should before that assent is
iven, change his intention on the
ubject, the concurrence OF the two
ills is wanting, and there is no con-
ract.
The Picayune is evidently under a
ainful sense of all this, and in anti
lpation of this turn of the discussion
ssures the people of the State that "the
anne of the gentleman who is at the
cad OF the lottery company is guar
ntee that all the obligations assumed
i'll be fulfilled, even at his own cost. "
But we have not even got the poor
aarantee of a promise from John A.
[orris. When the proposition was
rst submitted to the legislature Nor
S undoubtedly had the intention OF ,
with its terms, but he is
. longer before the people with any !
opposition. The situation is now en- i
rely changed. 1t is the State OF !,
that is to make the PROPOSE
on to him, and when it submits the :
should it do so, it will be j
much worse situation than one of /,
$ own citizens contemplating con- !
acting. because the latteri II he change ,
IS intention after making his pro
,sition may before its acceptance
ithdraw it, while the State will find i
impossible to do 50. The rroposi-
on to Morris and his associates will i
/ the majority vote Of the people be- Il
me imbedded into our constitution
ID though rejected by Morris and his
sociates will stay there, if to serve mol !