by John Marshall Harlan

“ Chief Justice Waite, who delivered the unanimous judgment of the court in that case, said: 'The question is therefore directly presented, whether, in view of these facts, the legislature of a state can, by the charter of a lottery company, defaeat the will of the people, authoritatively expressed, in relation to the further continuance of such business in their midst. We think it cannot. No legislature can bargain away the public health or the public morals. The people themselves cannot do it,-much less their servants. ”

“ All rights acquired on the faith of a lottery grant must be deemed to have been acquired subject to the power of the state, to the extent just indicated. Nevertheless, rights acquired under such a grant consistently with the law as it was when they were so acquired, and which rights may be exercised and enjoyed without conducting a lottery forbidden by the state, are, of course, not affected, and could not be affected, by the revocation of such grant. ”

“ As the lottery privilege was granted for the benefit of the Shelby College, and the money was advanced by Waller with the assent of the trustees of the college, under the belief that it would be realized eventually from the lottery, he became thereby invested with the right to the use of the grant until from such use the sum was produced which he had advanced for the benefit of the college. This was a vested right, of which he could not be devested by an act of the legislature. ”

“ Here the defendant insists that, as the agreement under which Stewart became the owner of the Frankfort lottery scheme was lawful when made, he, as assignee of Stewart, is protected by the constitution of the United States in carrying on that lottery, despite the prohibition of all lotteries, and the revocation of all lottery grants, by the present constitution of Kentucky, adopted after the transfer to Stewart of the benefit of that scheme. ”

“ The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot devest itself of the power to provide for them. ”

“ Society built on such a foundation would almost of necessity bring forth a population of speculators and gamblers, living on the expectation of what, 'by the casting of lots, or by lot, chance, or otherwise,' might be 'awarded' to them from the accumulation of others. ”

“ The question was then raised by an information in the nature of quo warranto, whether the lottery privilege given by the society's charter could be withdarawn or impaired by the state legislation; that society having, as was conceded, complied with all the conditions upon which its charter was granted. The supreme court of Mississippi held that the state could withdraw the lottery privilege which it had granted. ”

“ By joint resolution of the general assembly passed January 30, 1892, the attorney general of that commonwealth was directed, in execution of this constitutional provision, to immediately institute and prosecute such legal proceedings as might be necessary to suppress or revoke all lotteries or lottery franchises, privileges, or charters operated in Kentucky. ”