Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-15

II has the essential elements aud attri.
butes Of . lottery; the distribution Of prizes
by chance. II b lottery within the ds6n.
ition given in the dictionaries !. u IL lot
terry according 70 the Ordinary aooeptation
Of that word 10 10 . lottery within the
terms specified By the Legislature Of thi.
STATE In the "Act 10 prohibit lotteries "
IStat., 1878, 1851; u II lottery within the
meaning Of that word - used In the Con-
stitution.
sseond-Is the Act approved March Q.
1881. constitutionslf
This question u - clear and plain 70
our minds a. the one already decided. 1t
will mot admit Of any reasonable doubt.
The language Of the Constitution 10 sus.
osptibls Of but one meaning. There 10 no
room for construction. Nothing upon
whioh any real or substantial argument
can bs based. -,
"No lottsry shall bs authorised BY this
Stats, nor shall the sale Of lottery ticket.
b allowed" [0onst.. Art, Nv. Sso. al.l
Tho Act IN question attempts 70 author
ise . lottery. and 10 allow the sale OF lot
terry tickets In this State In direct viola-
ton Of she plain latter and spirit Of this
provision oi ths Consultation. Il would
Be psrvsrsion Of the language Of the Con.
stitution 70 say that the Act IL valid.
Respondents. however, contend that the
Constitution "does not prohibit private
lotteries, and was BY its trainers intsnded
only 10 prevent the Legislature from in.
volviug the State In . system Of public
iot,sries ~ = mean OF raising money for
tba servios Of ths State" or, In other
voris. th.t this oonsti itutionai provision
vss on,y intended ss a Limitation Of power
40 n,~.:n. ~ Sts.s =. a stste. from en-.
.a,n. % n. nrh,;o io,,sri.s Tor ths purposs
osr.;s;ns @ r,s.ns sor tha eensrai rsvsnue
~ ,hs 49, Hsnos thav olsim thst he
s,.ss has tha rivbt 10 sutboriss private
M rtiss to condnot and carry on lottsry
81 tbs obsrsotsr speoiasd In the informs.
tion.
In .rnno,t NJ tbis nosition tbev refer 70
,be ash.tss N the Csnstitut tionsi Couyeu-
lion in C.Iifornia upon the adoption Of q
nrovision In tbe Oons titutiop Of that State
identical With ours. II u not claimed
that tbs.s debstes have the weight Of q
ipdio,,I deoi,ion. but that II II proper to
Examine tbem In case Of doubt A 70 the
jn,an,ion n, ,bs n. rsrs of the Conatitu.
,inn Ths rsm.rk, M tbs different mem
- .ha5 hr, Ii,,la I;obt nnon tba re.l
o....,as % - 80 ;..n. rhsr .sa !. mnob in
-. - ~. ,,os,,;on tsisn hv ths Ittornsv
rsnsr.i =. a. tbsv are in favor Of The respon.
dsnt,. Tbe dsbstes show that the Consti.
tption Of Nav York vxs referred 70 iu
diseu,sinp the provision that was adopted
In Califoynia. Mr.. Halleck. vho vss In
vision. in the course OF his argument,
..;a % !. Tn ns.riy ali N. nav cousti,u.
tons Won viii and this CLAUSE, Il WAS no,
Contained In The old Consultation, but In
most csses. where they have been
amended. n has been introduced. In the
old Constitution Of New York, 70 which
rsf.rs.De hss been made In the course Of
debsts. NO prohibition was inserted.
Many Gentlemen present would remsnber
m, ismous case Of Yates and NcIntyre
vbiob involved moi ouiy ipdiyidu.ls Of the
St.ts In min. but w.s ihs O ,ossion Of ne.
rious smbsrr.sament 10 the STATE Govern.
msnt itself. The resuit no clearly estsb.
iisbed The svils Of tbe lottery systsm that
the Convention of New York. in iSie, In.
ssrtsd 4 olause In the very frst article Of
the new Constitution Iseo Section l0l
prohibiting lotteries aud the sale Of lot.
xry tickets. It sppesred TO him
that this prohibition Was one Of the bes.
that could be inserted In the article limit.
ing the powers Of the Legislature.
The language Of the 10th Section Of Ar.
ticle Of lie Consultation OF l9i6, refer.
red 10 by Mr., Hslleok 10 a follows "Nor
shsll sny lottery hereafter be authorised
or sny c.le Of lottery tickets allowed with.
In this Stste,"
In the Governors Of the Almshouss W.
American Art Union, supra. 10 was con.
tended by Charles o'Connor, counsel for
the Art Union, a. IL 10 here, that the Con.
stitution was only intended TO prevent the
mischievous practice Of raising . revenue
by public lotteries, which had been for
many years In full vigor both In England
aud in this country, and that the prohibi.
tions Of the Constitution were only directed
against this particular evil. He referred
70 the fact, ~ do counsel here, that "from
i709 TO 1894 public lotteries we're author.
lied At every session Of Parliament" He
also referred 70 the debates Of the Consti.
tutionsl Convention Of 1891, for the pur.
poss Of showing that public lotteries for
pscunisry prizes q Q means Of raising
revenue we're alone within the contsmplA.
tion Of that body"
The Constitution Of 1891 is In these
words. .No lottery shall hereafter bs
Authorized In this State, and the LeRis.
I,tnre shall psss laws to prevent the sale Of
ali lottsry tickets within this STATE except
IN io,ssriss already provided for by law"
The Court Of Appeals In referring 70 this
Oousti,ution, which 10 declared TO bs sub
stautislly the same a the Constitution Of
iSl8. ssid: "This prohibition 10 general.
n must be held to embrace all lotteries,
pnlrs, tbere be soms yery clever and salts.
f.otorv reaaon FOR undsrstapdiuR 10 In q
mors iimitsd senss. n v,s urged upon
tbs sreumsnt that public lotteries for DO.
s,.ss n-i,.. =. . Tn..n. ~ r.I.in0 raw