Douglas v. Kentucky
Citations
- 168 U.S. 488
- 18 S. Ct. 199
- 42 L. Ed. 553
- 1897 U.S. LEXIS 1742
Syllabus
<p>By the constitution of Kentucky of 1891 it is provided that “ lotteries and gift enterprises are forbidden, and no privileges shall be granted for such purposes, and none shall be exercised, and no schemes for similar purposes shall be allowed. The General- Assembly shall enforce this act by proper penalties. All lottery privileges or charters heretofore granted are revoked.” Held,</p> <p>(1) That the provision when applied to a previously existing lottery grant in the State of Kentucky was not inconsistent with the contract clause of the Constitution of the United States;</p> <p>(2) That a lottery grant is not, in any sense, a contract within the meaning of the Constitution, but is simply a gratuity and license, which the State, under, its police powers, and for the protection of the public morals, may at any time revoke, and forbid the further conduct of the lottery; and that no right acquired during the life • of the grant, on the faith of or by agreement with the grantee, can be exercised after the revocation of the grant and the forbidding of the lottery, if its exercise involves a continuance of such lottery;</p> <p>(3) That 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 just1 indicated; nevertheless, rights acquired under a lottery grant, consistently with existing law, and which 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;</p> <p>(4) That this court when reviewing the final judgment of a state court upholding a state enactment alleged to be in violation of the contract clause of the Constitution, possesses paramount authority to determine for itself the existence or non-existence of the contract set up, and whether its obligation has been impaired by the state enactment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- sustaining Kentucky's authority to legislate against the “widespread pestilence of lotteries,” prior licenses and franchises notwithstanding.
Source: CourtListener parenthetical corpus (CC0).
Judges: Hablan, Shiras
Read full opinion on CourtListenerCited by
51 cases in this archive cite this case; the 20 most cited are listed.
- Pennsylvania Coal Co. v. MahonSupreme Court· 1922-12-11· cited 1,990×
- Home Building & Loan Assn. v. BlaisdellSupreme Court· 1934-01-08· cited 1,617×
- United States Trust Co. of NY v. New JerseySupreme Court· 1977-04-27· cited 1,245×
- Walla Walla City v. Walla Walla Water Co.Supreme Court· 1898-11-14· cited 378×
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court· 1914-02-24· cited 284×
- Connecticut Mutual Life Insurance v. SpratleySupreme Court· 1899-01-30· cited 263×
- Veix v. Sixth Ward Building & Loan Assn. of NewarkSupreme Court· 1940-04-22· cited 257×
- New Jersey Sports & Exposition Authority v. McCraneSupreme Court of New Jersey· 1972-05-12· cited 153×
- Irving Trust Co. v. DaySupreme Court· 1942-01-05· cited 132×
- Russell v. SebastianSupreme Court· 1914-04-06· cited 112×
- Contributors to the Pennsylvania Hospital v. City of PhiladelphiaSupreme Court· 1917-11-05· cited 93×
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court· 1914-11-30· cited 89×
- Omaha Water Co. v. City of OmahaEighth Circuit· 1906-06-15· cited 84×
- Texas & New Orleans Railroad v. MillerSupreme Court· 1911-05-15· cited 82×
- Charles F. Champion, Appt. v. John C. Ames, United States MarshalSupreme Court· 1901-10-17· cited 81×
- Dairyland Greyhound Park, Inc. v. DoyleWisconsin Supreme Court· 2006-07-14· cited 81×
- Stearns v. MinnesotaSupreme Court· 1900-12-03· cited 79×
- Fisher v. CushmanFirst Circuit· 1900-06-15· cited 61×
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976)· 1931-03-03· cited 59×
- Bank of Kentucky v. StoneU.S. Circuit Court for the District of Kentucky· 1898-06-04· cited 49×
Cites
6 cases in this archive are cited by this case.
- Boyd's Lessee v. GravesSupreme Court· 1819-03-12· cited 931×
- Mobile & Ohio Railroad v. TennesseeSupreme Court· 1894-05-14· cited 77×
- Phalen v. VirginiaSupreme Court· 1850-01-15· cited 68×
- New Orleans v. HoustonSupreme Court· 1886-12-06· cited 59×
- Bacon v. TexasSupreme Court· 1896-05-18· cited 59×
- Wright v. NagleSupreme Court· 1880-03-18· cited 53×
Sourced from CourtListener / Free Law Project (CC0).
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