The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-12-31
Lotteries.

The Supreme Court Of California, on the
9th instant, decided that although the l. Sis-
lAtufe OF that State had passed a special a,t
whereby the Mercsntile Library Association
Of San Francisco WIS granted tbs privilege of
holding three public entertainments or con-
certs, at vhich property might be disposed Of
at chance, anything in the laws Of the State
Of California to the contrary notwithstand-
ing, it had no effect in removing the penal
ties placed upon 4 violation Of the eonsti.u-
tionA prohibition by former statutes of the
State. The decision was written by Justice
Temple. and eoncurred in BY Justices Wal
lace and Crockett. Justice Temple SAYS:
II is quite NANTES; that the Legislature did
not intend by the act granting certain priv
leges to the Mercantile Library Association TO
repeal the existing laws upon the subject.
But it is contended that the
act Oh $50 creates an exception TO the general
Law, and thereby renders its operation partial
and therefore void, as being in conflict with
Section II, Article l, of the Constitution of
California; or that, by reason OF this conSti-
tutlonal provision, the Mercantile Library AZ,
IS gwen n general and uniform operation.
am not sure that clearly apprehend the DO
sl'Ioe OF counsel on this point. l see moth
ing however, II this constitutional provision
which bears upon the question. II the last
ae' De considered II supplement to the first
by which 1t is attempted to give that act n
partial operation, the last act would be within
the constitutional inhibition. but the general
act would stand. special act can not be
placed upon the footing Of a general act. TO
the operation Of which an exception is pro
Nded. II The special act were given a general
operation, the Court woah have made n law
by construction where none existed before.
In the other case general law Is executed ac-
corning 10 lts terms, notwithstanding an eN-
ceptIon made in violation Of the Constitution
do not deem II Necessary 10 decide upon
The conStitutionality of the act Of 1870. Adj
uniting 1t TO be valid, il is very clear 10 my
mind that It does not repeal former acts pro-
hiblung lotteries or the selling of lottery tick
cts IN this State.
The deplorable consequences Of Gift enter
prises in the community arouses propensity
for rseking III u feld.of chance the substance
which, If properly taken care OF, would enable
one 20 invest in pursuits that would return.
sure profits. aud bring couteu;ment instead Of
the disappointment that comes in great ma
Jority Of instances. Many people of limited
means invest oftentimes large sums, and when
they find they are not among the fortunate
winners Of prizes, become impressed with
the idea that their time will come next " aud
plunge into the abyss, making more ventures,
and thus a spirit Of gambling is eRgerdered
which will finally result in great evil. Thus,
those who were wont to regard gaming in any
form sin, finally overcome all scruples Of
conscience and give countenance to social
evil that gradually will increase, and oulniuate
in diSordersd and unhealthy state Of affairs.
The experience OF former days led our legis-
lators 70 eaGct !ssys that would discouutenauce
all forms of lotteries, and although there Is a
certain impulse that gives hope to many who
would ride upon the breeze of chance, still the
results show that wheys these things are done
away WITH communities are more stable. the
people more conientcd and happy, and the de-
sire does not exist 90 expcnd ths last tarthing
in uncertain returns shar may suddenly elevate
n very few occasionally, but brings the drcgs
Of disappointment; to the many.