Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-10

csptible Of but one meaning. There 10 no
room for construction. Nothing upon
which any real Of 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. aA.l
The Act In question attempts 70 autnor-
Ire . lottery. and 10 allow the sale OF lot
terry tickets In this State In direct viola
ton OF the plain letter and spirit OF this
provision OF tho Constitution. II would
be . peryersion 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-
yolving the State In . system oil public
lotteries a. . means Of raising money Tor
the service Of tho State" or, In other
words. that this constitutional provision
WA only intended ~ . Limitation Of power
10 prevent the State. - . State, from en-
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 10 authorize private
parties to conduct and carry on . lottery
Of tho character specified In the tnforna-
ton.
In support Of this position they refer 70
the debates Of the Constitutional Conven-
ton In California upon the adoption OF .
provision In the Constitution Of that STATE
identical with ours. II 10 not claimed
that these debates have the weight Of .
judicial deciSi0n, bat that u Is proper 70
examine them In case Of doubt a. 10 the
intention OF the trainers Of the Constttu.
ton. The remarks Of tho different mem.
bers shed but little light upon the real
question at issue. They are a much 10
favor Of the position taion by the Attorney
General Is they arc In favor OF tho respon-
dents. Tho debates show that the Consti-
tuition OF New York was referred 70 IN
discussing the provision that was adopted
In California. Mr.. Hallsck. who was in
favor Of the adoption Of tho lottery pro.
vision, In the course Of his argument,
said {: "In nearly all the new Constitu.
tons you will fnd this clause. II was not
contained In the old Constitution. but In
most cases. where they have boon
amended, u has been introduced. In the
old Constitution 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
State In ruin, but was the occasion Of Sc
rious embarrassment 10 the State Govern.
| ment itself. Tho result 20 clearly estab-
lished the evils OF the lottery system that
the Convention Of New York. in 1886, In.
serted . clause In the very first article OF
| the new Constitution (see Section l0l
| prohibiting lotteries and the sale Of lot.
terry tickets. 1t appeared 10 him
that this prohibition was q OF the best
| that could DO inserted In the article limit.
ing the powers OF the Legislature."
The language Of the 10th Section Of Ar
ticle I OF the Constitution OF 1886, refer.
red to by Mr.. Halleok Ia a. follows : "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of tho Almshouse vs..
American Art Union. supra. 1t was con.
tended by Charles O'Connor, counsel for
the Art Union, ~ IL 10 here, that the Con.
stitution was only intended 10 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.
| tons OF the Constitution were only directed
against this particular evil. He referred
to the fact. as do counsel here. that ''from
1909 to 1924 public lotteries were author.
lied ut every session Of Parliament" He
also referred to the debates Of the Consti.
tutional Convention Of 1921, for tho pur.
| pose Of showing that Z" public lotteries for
pecuniAry prizes Is . means OF raising
revenue were alone within the contempla.
ton Of that body"
The Constitution Of 1891 Is In these
| words: "No lottery shall hereafter be
authorized in this State, and tho Legis'
lsture shall pass laws TO prevent the sale oil
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 be sub
stantially the Same a the Constitution OF
lSi8, said: "This prohibition 10 general.
II must DO held to embrace all lotteries,
unless there be some very clever and salts.
factory reason for understanding II In q
more limited sense. It was urged upon
the argument that public lotteries for pc.
cuniAry prizes a. . means Of raising rev.
enus were alone within the contemplation
Of the trainers OF the Constitution. But
lotteries have never been created within
this State for the purpose Of general rev.
enue, and there Ia therefore no ground for
believing that the prohibition was In
tended TO be limited 10 lotteries for that
object. This would have been restraining
Q mischief which did not exist, and toler.
ating that which did. Lotteries had been
authorized by the Legislature for the beno.
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 c~ommendable aud beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed Ut tho OBJ
jects for which lotteries had been author.
lied, but at that particular mode OF accom-.
plishing such objects. 1t Was founded on
the moral principle that evil should not be
done that good might follow, and upon the
moro cogent practical reason that tho evil
consequent On this pernicious kind OF
gambling greatly ovorbalanced In the
aggregate any good likely to result from
IL. The promotion OF tho fne arts 10 un.
| doubtedly q commendable object, but the
prohibition contains no exception In Its
favor on that ground. .
The intention Of tho trainers Of the Con-
stitution undoubtedly was 10 forbid the
future granting Of any such lotteries a.
had at any timo previously been author
lied by law. and by requiring the Legis.
lsture to pass laws 70 prevent tho sale Of
all lottery tickets. to put an end 10 all
such distributions Of money or goods by
lot or chance a. had heretofore been for.
hidden by statute undor the anne Of
private lotteries"
The argument that the words "by this
State" were inserted for the purpose Of
preventing tho Legislature from authorize
Ing public lotteries q . means Of raising
revenue. and that the provision was not
intended to prevent the Legislature from
authorizing private lotteries, 10 wholly nm.
tenable. No authority has been produced
In its support and We are satisfied that
non can be found.
In constituting this provision OF the Con.
atitntian tina laat aenfanna IN "A imnnrtaut