The New York herald., 1867-02-07

Whenever ehs scheme Of distribution such that tho
v b .say !. ahossS he spd p
payable In .nds chaitsla In l620 the city Of Albany
was authotized BY statute 70 dispose Of its pub.
S2so,oOo The iistriSa,ion Of thsss lands by
lot or chance was denominated lottery
i ss 0s s e ne IN %ss:s
vord e used By the Isgsaure before the adoption Of
& The oonssution ssloubtsdy vss 70 forbid che future
Tnting Of any such lotteries q had q any time pre-
Ssse @ p and q % es
Tickets e put an end to a such distributions Of money
esoods y lot Or ohance a. had heretofore been for
tsea reference TO the statutes OF the colony and
the Sts against private lotteries will show conciusivsly
thas al schemes Tor the distribution q private prop:
the Legislature - coming within the denomination OF
private lotteries The sale or disposition of any goods
prohibited In the province early 172l by N
entitled IAN act 70 prevent private lotteries in the prov
ince = New York" The . same thing was done BY an,
scheaks laws pages lSl and GA The statute Of i7ss
contSns similar provision a K. r., s6 and this is
fSss he prizes % To- b dissrbatsd By sSs Ar Union mon
scheme bad nxed market value Il OF no importance
In IN. relation 2 the psns in question TO render ! mate
ahoush NOT readily saiabis ia market for what the
merchandise. The intention Of the scheme is 70 sell
them for more than they can s. ss6 for At private
sale and this was 70 be brought about BY an appeal
chance. The indulgence Of this passion was precisely
what tho constitution intended repress and prohibit
were mot known andadesignatsd when the tickets or
chances wero subscribed and paid for The scheme, In
this respect Was more objectionable than scheme IN
which tho prizes previously fixed, because affords
less security to the subscribers that the chance pur
chased ID worth the money paid for IT. Tho Art Union
scheme ID lottery within The ordinary meaning Of tho
word a. defined in the English dictionaries Il 10 -
distribution OF prizes BY chance which one Of the
definitions Of lottery BY johnson and webster II ID
- kind OF game Of hazard Wherein several lots Of mc
fortuna.e" Rees' Cyclopedial II is "a game Of haz
p.ss for the aS1snssse q those spVsso who gain
tho tickets which entitle them 70 such prizes 12
Brswster,s Ed; Encyeopedia, a6sl The scheme in
II 10 distribution by lot Of small number Of prizes
among . great number Of persons The prizes and
blanks drawn in other lotteries The certificate Of
membership is ticket which entities the holder 20
chance for prize Of much greater vaue than the price
definitions in the dictionaries It is lottery within
Of Of the colony and state Of New York for more than
century; and We should bs trifing with and per-
vertng the language Of tho constitution 4 We were
to say that 1t 10 not . lottery within It's pro-
hibition. II lotteries had existed excepting
such contained in the Art Union scheme is not
probable that they would have been forbidden by tho
the constitution or by Law. It's mschies certainly
90 apparent II s prizes bs paid in money
would be If framed for the purpose Of enticng
tho necessitous and mprovident into It's hazards But
this cannot be docded according to the vews1
may entertain Of the probable good evil consequent
upon the execution OF the scheme The constitution
took away from the Legislature the power Of Determining
whether this any other lottery was Of good or evil
tendency, and certainly did not intend 70 coefer that
power on the judicial trlbunaIA II Il TO be admit
ted that the scheme s entirely harmless Ia its conse
quences would form ground Tor making II by ju-
dical construction exception 70 the general and abso
Lutte constitutional prohibition The constitution Of lS46
contains provision against lotteries andhs sale Of ot
terry tickets substantially like that 10 the constitution Of
1871 Ths Judgment below must b anlrmcd