Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-06-13

REPORTED, That two subjects o.
complaint in relation TO the io''eiy uen'
toned 10 the resolution have come uhuei
theircopsideration-l. That certain frauds
and abuses have been practised I'D inc
management OF the lottery, particularly 10
the refusal to pay prizes to the holders o
tickets justly entitled to them. lo co'e.'
the evidence in supper, OF this charge 70
examine il with care, and report sa'is.
factory result Of the investigation, WON"
require more time and attention than eau
be afforded SO near the close OF the session
Of the Legislature aud the commissioners
therefore recommend that this part oil the
matter referred to them be enquired INTO
lin such manner as shall be best calculated
/ to obtain just aud proper Investigation o.
the facts aud charges.
| In the second place, IL has satisfactorily
appeared 10 the commissioners that sc
cond lottery, under the denomination OF
$ second class has been advertised by The
Commissioners and Manager OF the lottery
authorized by the act mentioned 10 the
resolution, and it is presumed, iiiii''aF q
pretended right derived from that act. No
application has been made to, or PERMISSION
granted by, any authority oil TINS state
known to the commissioners, Tor this Sc
cond lottery; and it appears to the com.
missioners TO be altogether unauthorized
and illegal, for two reasons--first, al
thong h the act OF Assembly authorizes the
raising OF the sum mentioned 10y way Of
lottery" il can hardly be doubted It was
The intention of the Legislature to allow
but one lottery and it was the duty, as
ii was in the power, OF the grantees, to
construct such a scheme as would produce
the sum proposed with all necessary ex-
the grant might De most
grossly abused. aud run out into any num-
her Of lotteries; and the monies raised
wasted in fraudulent and unreasonable ex-
penditures, for the very purpose OF con,
tinuing the power. But il this limited,
but reasonable, construction of the words
Of the act, be not admitted, il is undeniable
that the act only authorizes the raising OF
+" net sum not exceeding five thousand
dollars; and upon the raising Of that sum
the authority is fulfilled, and at an end
Any sale of tickets for an object beyond
this is unlawful, and fraud upon the pub
lie. RI then. it is alleged by the grantees
of this lottery, that the sum allowed has
not been obtained from it. il was their duty
to bring the case before the legislature, to
shew to their satisfaction that the sum re.
quired mas not been raised, withthe reasons
Of the failure; in order that the legislature
might Judge from the whole case. whether
the grantees we're entitled TO another lotte-
ry under the law passed in their behalf;
whether the authority given had been fairly
and honestly executed; aud the "net sum
Of five Thousand dollars" had not been rails
ed without any fault or fraud onthe part OF
the grantees. II il even be admitted. thai
the grant to raise given sum 6 by way OF
lottery" will extend to more than one, IL
necessary for the object, il will hardly BE-
that it is not incumbent on those
shew that they have taken reasonable means
10 obtain the amount from one lottery i; at
least that ii has not failed by their fraud
fault or extravaganza. The legislature is
The proper tribunal to judge Of these mat
ters, aud, assuredly, the grantees or con-
missioners cannot OF their own mere au
shortly, undertake to decide them, and
make as many lotteries grow out Of this
grant as they shall fiod profitable.
The Commissioners recommend the fol
lowing resolutions:
list, That the lottery under the denomi
nation of 6 Second and last Glass; adver-
Used by L. q. G. Elmer, Joshua Brick.
j ohm Trenchard, j. and Elias p. Seeley,
styling themselves Commissioners appoint
ed by the Legislature, and Josiah Harri-
son, styling himself Manager" is alto,
gether unauthorized, and 10 violation Of
the laws Of this state.
I'd. That the Attorney General Of this
state be directed to prosecute all persons
concerned 10 setting up, opening, making or
drawing the said lottery, or in selling or
disposing Of any tickets therein, in the mar
ner directed by the laws Of this state, pro.
vided such person or persons shall contin-
ne to be concerned in said lottery as afore-
said. after the 18th day Of Jane instant.
Sd, That the Clerk Of the House trans
nit copy Of the foregoing resolutions to
the said Josiah Harrison.
HEDGE THOMPSON,
Jos. HoPKINsoN,
THos YARRow.
Which report was read, and agreed to
by the House.
The bill for the relief Of Alexander
M'Kean; the bill relative to new edition
OF the public laws; and the bill for the
relief OF James Armstrong: were severally