Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 582
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582 RANDLE V. THE STATE. [Term of
Argument for the appellee.
" lottery," or a "gift enterprise," providing a punishment for
the one, and permitting the other, is unworthy of consideration
because the Constitution inhibits lotteries.
The court interposes its own views, and declares that the
law-making power should not be permitted to say what it intends
to punish, and when it declares a certain thing defined shall be
lawful, that, in point of fact, by judicial construction, the Legislature'
intended to apply a given punishment to that very
thing.
It may be well to recur to the fact, that, whatever views the
court may have as to the correctness of the legislative definition
of "gift enterprise;" or the good policy of licensing
them, it is still a matter of such public notoriety, as almost to
be judicially proven, that the whole people of this State, of
every class, and especially every religious or charitable association,
regard and have accepted the legislative definition as correct.If appellant committed a criminal offense, pupoll the facts of
the record, then are all or nearly all the ministers and lmciebers
of religious or charitable associations equally guilty of crime.
The Legislature does not draw a line of difference, and the
court cannot do so.
If the law, as it stands, is subject to abuse, or, in certain uses
of it, works against public interest or morality, it is the business
of the Legislature, and not of the court, to make a new
law.
We respectfully ask the court to reverse and remand this
case, because the charge of the court below is certainly contrary
to the law.
Geo. Clark, for the State. I. That the Legislature cannot
authorize lotteries in the State is clear. (Constitution, Article
171, Section 27; Article 12, Section 36.)
II. That a " gift enterprise," even as defined in the statute
(Laws of '73, p. 200), is a lottery is equally clear from the authorities.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/590/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .