Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-11

II has the essential elements and attri.
butes Of Q lottery; the distribution Of prizes
By chance. II 10 lottery within the dsAn-
ition given In the dictionaries; IL 10 lot
tsry according 10 the ordinary soosptation
Of that word Il II . lottery within the
terms specihsd BY the Legislature Of this
State In the "Aot 10 prohibit lotteries !"
Istat., 1878, 1851; 10 II . lottsry within the
meaning Of that word - used In the Con.
sttution.
Second is the Act approved March o.
1881. eonstitutionslf
This question d - clear and plain 70
our minds - the one already decided. 1t
will NOT admit Of any reasonable doubt.
The Language Of The Consultation II sus-
osptibls Of but one meaning. Thsrs 10 no
room for construction. Nothing upon
which any real or substantial argument
oan be based. ..4.
"No lottery shall bs authorised BY this
State, nor shall tbs sale Of lottsry tickets
b allowed" [Const.. Art. ~. Sso. 2A.l
The Act In question sttsmpts 70 author
i,s lottery, and 10 allow the sale Of lot
tsry tioksts IN this STATE In direct Viola
ton Of she plain letter and spirit of this
provision Of The Constitptiou. II would
= psryersion Of the language Of ths Con-
stitution to say that the Act II valid.
Respondents. however. contend that the
Consultation "does not prohibit private
lotteries, and was BY it, trainers intsnded
only TO prevent the Legislature from IN.
volving the State In . system OF public
lotteries a. means OF faising money .or
the service OF the state, %, ~ osno.
WORDS that this oonsntuuona PI9vs'on
was only intended a. . hmissnon .. power
70 prevent the St.e. - . ntse, nom en.
gazing In public lotteries ior tns PurPose
Of raising means for the general revenue
OF the State. Hence they oiaim snes INC
State has the right 10 authorize priva~
parties 10 conduct and carry on lottery
Of the character specified In the tnforma'
ton.
In support Of this position they refer 70
the debates Of the Constitutional Conven-
ton In Oslifornia upon the adoption Of Q
provision in the Consultation OF that State
Identical with ours. II 10 not claimed
that these debates have the weight OF .
Judicial decision, but that 10 10 proper to
examine them In case OF doubt a. 70 the
Intention Of the trainers OF the Constitu'
ton. The remarks Of the different mem
bsrs shed but little light upon the real
onsstion Al llama. They are N much In
fror "a an. ros,t,on t,isn nv Ana Attorney
Gsne,.i A. tbsv ara In favor Of The respon.
dents. The debates uhow that The Consti.
tntion of Nev YORK. vss referred 10 In
diseussins the provisiop that Was adopted
ia CaliioPnis. Mr.. Hslleck, who Was In
:. A.. t.....- -
vision, In the course Of his argument.
.sid !" In nesrly ali the new Constitu.
lions YOU win And this clause. II Was not
contained in the old Consultation. bus In
most cases, where they have been
amended, 1. has been introduced. In tbs
old Consultation Of New York. 10 which
reference has been made In the course Of
debate. NO prohibition Was inserted.
Many gentlemen present would remember
the famous case Of Yates and McIntyre
which involved not only individuals Of the
Stats In ruin. but was the o,casion Of Sc
rious embarrassment 10 the State Govern
ment itself. The result 90 clearly estao'
lished the evils OF the lottery system tnat
the Convention Of New York. 10 1910. In.
serted clause In the very frst article Of
she new Consultation see Section ipI
prohibiting lottsriss and the sale of lot.
terry tickets. ~ appeared 70 MN
that could be inserted IN tne artlois limit
ing the powers Of the Legi,i.ture.
The language o. .ns iutn seGSon oI AT
ticie l OF tne Uonst.uuon " toso, ,.sss M.
RED 70 oy Ar. hAieok ~ ~ ionoM Hos
shali any lottery nerease. ps aassoli.ea ..s
or any sale ot lottery uoksu AioWeo "i'a'
In this stats.
In the Governors OF the Aimsnouse w.
American Art Union, supra was con-
tended By Charles o'Connor, counsel ior
the Art Union, a. 10 10 mere tnat tne Con
stitution was only intended 70 prevent the
mischievous practice Of raising revenue
by public lotteries, which had been Tor
many years In full vigor both IN England
aud in this country. and that the prohibi.
tions Of the Consultation were only directed
against this particular evil. He referred
TO the fact. - do counsel here, that "from
i7o9 to 1874 public lotteries were author.
izsd at every session OF Parliament. He
slso referred 70 the debates OF tbs Consu'
tutional Convention Of 1891. for the pur-
pose Of showing that public lotteries Tor
pscuniary prizes ~ . means Of raising
revenue we're alone within the oontsmpla'
ton Of that body"
The Constitution OF 1871 10 In tnese
words: "No lottery shall hereafter %
authorized 10 this Btste. and ne Legs.
lsturs shall pass laws 70 prevent the sale OF
all lottery tickets within this btate excep!
In lotteries already provided for BY law.
The Court Of Appeals In referring 70 this
COustitut ton, which II declared to 30 SUP.
stautially ths same - the Constitution OF
isls, said: "This prohibition 70 general
II must DO held TO embrace Oil iottsriss'
unless there be some very clever ana sstis'