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Proceedings of the House, 1856
Volume 659, Page 625   View pdf image
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1856] OF THE HOUSE OF DELEGATES.          625

necessity for it, and the work had been already done. It must
always be borne in mind, that powers are given to effect an end,
and must be construed accordingly. Where an end is gained,
there is no necessity for further exercise of power—not so where
something still remains to be accomplished.           

To put this, if possible, in a still clearer point of view, suppose
that the present contract had extinguished the grants within the
term of the first Lottery Commissioner, which it might have done,
if the contractor had been willing to pay in two years what he is
to pay in seven, can there be a doubt that such an exercise of
power would have been perfectly legitimate? It is idle to argue
such a point—but if this pass, what then becomes of any argument
derived from the words "the several Lottery Commissioners?"
If there is nothing left for "the several Lottery Commissioners"
to do, what pretence is there for the exercise of any power? This
view itself, apart from any other, shews conclusively that in those
words the people of the State meant thereby to authorize suc-
ceeding Lottery Commissioners to exercise every power necessary
to do what, if any, then remained to be done, and to deny them
any power, which was useless to the end in view.             

                                                                                                                                                         

The undersigned will further take leave to say, that they are

not only satisfied of the constitutionality, legality and regularity
of the contract, but of its great expediency and necessity. The
only absolutely certain way of constitutionally extinguishing the
Lottery system, was to make a contract running through the
whole time. If the task had been attempted to be accomplished
by dribblets, the undersigned believe that it would be matter of
great doubt, whether in the closing years, and particularly the
last year of the term, it would be possible to make a contract
upon the terms presented by the Constitution.                         

They conclude therefore with the expression of their opinion,
that there is no ground whatever for disturbing the present con-
tract, which has been in all respects fully carried out by the
contractor, and therefore ask to be discharged.

They beg leave to recommend the adoption of the following
Resolution:                                                 

Resolved, That the Lottery Commissioner be, and he is hereby
requested to require the present contractor for the Lottery schemes
to increase his bond to the State, for the fulfilment of his contract,
in consequence of the death of one of the original sureties.

E. J. HALL,

R. W. GOLDSBOROUGH,
R. E. DUVAL,

W. T. VALIANT.

 

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Proceedings of the House, 1856
Volume 659, Page 625   View pdf image
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