The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-30
AN OLD LOTTERY KILLED
FRANCHISE OF THE FRANKFORT,
KY, CONCERN DECLARED INVALID.
Decisions by the United state Supreme
COurt-NO Hope for Mrs. Noble, a
Condemned Georgia Murderess.

WASHINGTON, Nov. 29.-Justice Harlan
handed down the opinion of the United
States Supreme Court to-day in the case of
j. ]. Douglas, plaintiff in error, VS.. the
Commonwealth of Kentucky, holding the
franchise of the Frankfort lottery to be
invalid The case was brought to this court
by Douglas on allegations of error in the
decision of the Kentucky Court of Appeals,
which was adverse to him. In rendering his
opinion, Justice Harlan quoted the provi-
sion of the Kentucky Constitution Of 1891,
revoking all lottery charters heretofore
granted, and forbidding the existence Of lot
teries in the State. He considered at some
length the contention of Douglas that the
revocation of his charter worked the revo-
cation of a contract in violation of the Con-
stitution of the United States prohibiting
any State from passing a law impairing
contracts. If he said, this Interpretation
of the federal Constitution be correct, it
will follow that the provisions in the Con-
stitution or statutes OF Kentucky forbiSding
lotteries and gift enterprises in that COM
mcnwealth and revoking all lottery privi-
leges or charters thereto granted, are null
and void as to the defendant. This neces-
sarily results from the declaration that the
Constitution of the United States is the
supreme law of the land, anything in the
Constitution or laws of any State notWith-
standing" ra
Justice Harlan continued by quoting a
former opinion of the court to the effect
that 1.-The common forms of gambling
were comparatively innocuous when placed
in contrast with the widespread pestilence
of lotteries" To this he added: rs State
forbidden by the supreme law of the land
from protecting its people at all times from
practices attended by such ruinous results?
Can the Legislature of State contract
away it's power to establish such regula-
tions as are reasonably necessary from
time to time to protect the public morals
against the acknowledged evils of lotter-
ies?" In conclusion it was held that "a lot
terry grant is not in any sense Il contract
within the meaning of the Constitution,
but is simply a gratuity and license which
the State under it's police powers and for
the protection of the public morals, may at
any time revoke and forbid the further con-
duct of the lottery, and that no right ac-
quired during the life of the grant on the
faith or by agreement by the grantee can be
exercised after the revocation of the grant
and the prohibition of the lottery if it's ex-
ercise involves a continuance of such lot
terry"
The court affirmed the decision of the
Georgia Supreme Court in the case of Mrs.
Noble, convicted of the murder of her hus-
band She claimed the process of law had
been denied her. The result of the decision
is that the sentence imposed by the court
can now be executed. Justice White hand
ed down the decision. He reviewed briefly
the points in the case, showing that Mrs.
Mobiles counsel had moved for a trial to
prove her sanity after she had been found
guilty Of the murder of her husband. This
motion was denied by the trial court and
the decision affirmed by the State Supreme
Court. Mrs. Noble then appealed to the
Federal Supreme Court on the ground that
the fourteenth amendment, guaranteeing all
citizens due process of law, had been vio-
lated The contention was oyerruled by
tons involved were wholly within the jur-
isdiction of the state courts. If the posi-
tions of the plaintiff IN error were sound,
said Justice White, "no criminal could ever
be punished as his immunity would depend
on his fecundity in raising pleas of insan-
ity."
An opinion was rendered in the case of the
ST. Anthony Falls Water Company VS.. the
City of ST. Paul, involving the right of that
city to utilize the water of the Mississippi
river for domestic purposes. the opinion be-
action was instituted by the water power
company to test the validity of an act of
the Minnesota Legislature, authorizing the
city to divert a portion of the water, in
face Of the fact that this company's char
ter granted it the use, under the usuages
appertainine. to riparian rights, of all the
water in the river for it's purposes. Justice
Peckham said, in deciding the case, that the
extent of the riparian rights of the COM
pany was matter of local law and that
the States jurisdiction is exclusive. 1t was
also alleged. in behalf of the St. Anthony
Company. that its contract with the State
was involved but Justice Peckham said
that when the State entered into a con-
tract with the company the agreement was
made subject, implicitly, TO the diversion
of water by municipal corporations and
others for water for domestic purposes. The
case came to this court on an appeal by the
st. Anthony Company from the decision of
the Supreme Court of Minnesota. and the
decision of that court was upheld by to-
days decision.
An opinion was rendered in the case OF
Richard s. Williams. of San Francisco. re-
versing the decision of the Circuit Court
for the Northern district OF California and
directing a new trial. Williams. who is a
Chinese inspector, was arrested on the
charge of extorting money under color of
mis- office, and found guilty under the reve-
nue. laws. Justice Harlan. in rendering the
opinion. held that the law under which Will
liams was convicted was inapplicable. but
that Section 54S1, Of the Revised Statutes.