Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-19

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room for construction. Nothing upon
which any real or substantial argument
can DO based.
"No lottery shall DO authorized by this
State, nor shall the sale Of lottery tickets
be allowed" tConst.. Art, Nv. Bee. 2a.l
The Act in question attempts 70 author
ize Q lottery, and 10 allow the sale OF lot.
terry tickets In this State in direct viols-
ton Of the plain letter and spirit Of this
provision OF tho Constitution. Il would
DO . perversion Of the language Of the Con-
stitution to say that the Act 10 valid.
Respondents, however, contend that the
Constitution "does not prohibit private
lotteries, and was BY its trainers intended
only to prevent the Legislature from In.
volving the State In . System Of public
lotteries ss . means Of raising money for
the service OF the State" or, In other
words, that this constitutional provision
was only intended ss . limitation Of power
To prevent the State. % . State, from on.
gazing In public lotteries for the purpose
Of raising means for the general revenue
Of the State. Hence they claim that the
State has the right TO authorize private
parties 10 conduct and carry on . lottery
Of the character specified In tie informa'
ton.
In support Of this position they refer TO
the debates Of the Constitutional Conven-
ton In California upon the adoption Of .
provision In the Constitution OF that State
identical with ours. It Ii not claimed
that these debates have the weight Of .
judicial decision, but that II Ia proper 70
examine them In case OF doubt a. 70 the
intention Of the trainers Of the Constitu.
tion. The remarks Of the different mem.
bsrs shed but little light upon the real
question at issue. They are ~ much In
favor Of the position taken by the Attorney
General - they are In favor Of the rsspon.
dents. The debates show that the Consti.
tuition Of New York was referred 70 10
discussing tho provision that was adopted
in California. Mr.. Halleck. who was IN
favor OF the adoption Of the lottery pro.
vision, In the course OF bis argument
said "In nearly all the new Oonstitu-
tons you will find this clause. II was not
contained 10 the old Constitution, but In
most oases. where they have been
amended, 10 has been introduced. In the
old Consultation Of New York, to which
reference has BEEN made In the course OF
debsse, no prohibition WA inserted.
Many gentlemen present would rsmember
the famous case Of Yates and Mcintyre.
which involved not only individuals OF the
state In ruin. but was the occasion OF Sc
rious embarrassment to the State Govern.
ment itself. The result 80 clearly estsb-
lished the evils Of the lottery system that
the Convention Of New York, 10 1916. In
serted Q clause In the very first article Of
the new Constitution (see Section l0l
prohibiting lotteries aud tho sale OF lot.
terry tickets. It appeared 10 him
that this prohibition was one OF the best
that could be inserted In the article limit.
Ing the power Of the Legislature"
Tho language Of the 10th Section OF Ar.
ticle I Of the Constitution Of l8i6. refer
red to by Mr.. Hslleck Is Is follows "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed With.
In this State"
In the Governors Of the Almshouse vs..
American Art Union, supra. II was con.
tended by Charles O'Connor. counsel for
the Art Union, as II 10 here. that the Con.
stitution was only intended to prevent the
mischievous practice Of raising Q revenue
by public lotteries, which had been for
many years In full vigor both in England
aud In this country, and that the prohibi.
tons Of the Constitution were only directed
against this particular evil. He referred
TO the fact, ~ do counsel here, that ''from
1903 to 1874 public lotteries were author
lied ct every session Of Parliament" He
also referred to tho debates OF the Consti.
t~utionsl Convention OF 1921. for the pur.
pose OF showing that :" public lotteries for
pecuniary prizes a. Q means OF raising
revenue were alone within the contempla.
ton Of that body"
The Constitution Of 1891 IL In these
words: "No lottery shall hereafter be
authorized In this State. and the Legis.
lature shall pass laws TO prevent the sale OF
all lottery tickets within this State except
in lotteries already provided for by law"
The Court OF Appeals In referring TO this
Constitution, which 10 declared to DO sub.
stantially the same a. the Constitution Of
l8i8, said: "This prohibition 10 general.
II must DO held to embrace oil lotteries,
unless there DO some very clever and salts.
factory reason for understanding II 10 Q
moro limited sense. 1t was urged upon
the argument that public lotteries for pc
cuniary prizes ~ . means OF raising rev.
enue were alone within the contemplation
Of tho trainers OF the Constitution. But
lotteries have never been created within
this State for the purpose OF general rev.
enue, and there is therefore no ground for
believing that the prohibition was In.
tended to be limited 10 lotteries for that
object. This would have been restraining
o mischief which did not exist, and toler.
ating that which did. Lotteries had been
authorized by the Legislature for the bene.
at Of colleges. for tho making Of roads, for
the building OF bridges, for tho improve
ment OF ferries. for the erection Of hos.
pitfalls. and for various other purposes
equally commendable and beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed ct the OBJ
jects for which lotteries had been author.
ICED, but at that particular mode Of accom-.
plishing such objects. II was founded on
the moral principle that evil should not b.
done that good might follow, and upon the
more oogent practical reason that the evil
consequent on this pernicious kind OF
gambling greatly oyerbalanced In the
aggregate any good likely to result from
Ii. The promotion Of the Hne arts ID IN.
doubtedly Q oommendsbls object, but the
prohibition contains no exception In its
favor on that ground. =
The intention Of the trainers Of the Con.
stitution undoubtedly was 10 forbid the
future granting Of suy such lotteries ~
had ct any time previously been author
iced by Law, and by requiring the Legis.
laturs 10 pass laws 70 prevent the sale OF
all lottery tickets, to put an end to al
inch distributions Of money or goods by