50 Mo. 129 | Mo. | 1872
delivered the opinion of the court.
The appellant was convicted in the Court of Criminal Correction for selling lottery tickets in the Missouri State Lottery, for the benefit of the town of New Franklin, and he brings his case here for review by appeal. It is insisted by his counsel that according to the prior adjudications of this court the matter is conclusively settled, and that all further inquiry is precluded. The real question here presented has been passed upon by this court in three several decisions (State v. Hawthorn, 9 Mo. 389: State v. Morrow, 12 Mo. 279; State v. Morrow, 26 Mo. 131).
Hawthorn’s case was decided upon the act authorizing a sum of money to be raised by lottery, to be given to the Sisters of Charity in St. Louis, for the use of the hospital over which they had the control and management. The amount to be raised and the manner of making payments were different from the provisions contained in the act in reference to the town of New Franklin, but in all other respects they were precisely the same. Therefore, when indictments were found against Morrow for selling tickets by authority of the last named act, it was held that the decision in Hawthorn’s case was controlling authority, and that the exposition of the law in respect to the St. Louis Hospital was equally applicable to the act in regard to the town of New Franklin. The transfer of the lottery scheme to Gregory by the commissioners constituted a valid contract, which could not be impaired either by the Legislature or by a constitutional convention.
' But a point is now raised as to the interpretation of the contract, which, it is contended, was not made in the cases heretofore decided. It is this: that when the sum of $15,000 was raised by the managers, then the law had accomplished its object and
It makes no difference that the point was not directly alluded to by counsel in Morrow’s cases; for the court, in both instances, summarily disposed of the matter by declaring that the judgment in Hawthorn’s case was conclusive of the whole question, and that the cases were identical and parallel throughout. These cases furnished a rule of property, and the appellant, when he succeeded to the interest of Gregory, could confidently rely upon them for the protection of his rights.
Where a contract, when made, is valid by the laws of the State as then expounded by the departments of the government and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent constitutional ordinance or act of the Legislature, or decision of its courts, altering the construction of the law.
The establishment and continuance of a lottery is doubtless an evil, but its abolishment by throwing down the legal barriers which have been built up for the protection of the citizen and his property would be a still greater evil.
We think that every question presented in this case was-settled