Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-14

~ aAAIks iva
ton Of the plain letter and spirit Of this
provision OF the Constitution. Il would
DO . perversion Of the language OF the Con.
~stitution 10 say that the Act Il 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 as . means Of raising money for
the service OF the State" or, In other
words, that this constitutional provision
was only intended % . Limitation Of power
10 prevent the State, a. Q State, from en-
gazing In public lotteries for the purpose
OF raising means for the general revenue
Of tho State. Hence they claim that the
State has the right to authorize private
parties to conduct and carry on . lottery
Of the character specified In the informa-
ton.
In support Of this position they refer to
tho debates Of the Constitutional Conven-
ton In California upon the adoption Of Q
provision In the Constitution Of thkt State
Identical with ours. It IL not claimed
that these debates have the weight Of .
Judicial decision, but that II IL proper TO
examine them In case Of doubt ~ 10 the
intention Of the trainers Of the Constitu.
ton. Tho remarks Of the different mem.
bers shed but little light upon the real
question ct issue. They are - much In
favor Of the position taken by the Attorney
General % they are In favor OF the respon.
dents. Tho debates show that the Consti.
tuition Of New York Was referred 10 10
discussing the provision that was adopted
In California. Mr.. Halleck, who was In
favor Of the adoption Of the lottery pro.
vision, In the course OF his argument,
said : "In nearly all the new Constitu.
tions you will find this clause. II was moi
contained In the old Constitution, but In
most cases, where they have been
amended, II has been introduced. In the
old Constitution Of New York. to 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 80.
rious embarrassment TO the State Govern
ment itself. The result so clearly estab-
lished tho evils OF the lottery system that
the Convention Of New York. 10 1916. In.
serted 0 clause In the very first article Of
the new Constitution lseo Section 10l
prohibiting lotteries and the salo Of lot
terry tickets. It appeared TO him
that this prohibition was one OF the besl
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 tho Constitution Of 1916, refer
rcd to by Mr.. Hslleck is Is follows (: "Nol
shall any lottery hereafter DO authorized
or any sale Of lottery tickets allowed with
In this State"
In the Governors Of tho Almshouse vs.
American Art Union. supra, II was con
tended by Charles 0'Connor, counsel fol
the Art Union, ~ II Is here, that the Con
stitution was only intended TO prevent the
mischiovous practice OF raising Q revenue
by public lotteries, which had been fol
many years In full vigor both In England
and in this country, and that the prohibit
lions Of the Constitution were only directed
against this particular evil. He referred
TO the fact, as do counsel here, that ''fron
1903 to 1874 public lotteries were author
lied at every session Of Parliament" II,
also referred to tho debates Of tho Consti
,=ntjnn.i ConyentIop N 1901 for tbo nur
nasa - sho,s,nr th.t .. nrhjic iotteries M
ps~. 10 ma.rs ~ r.,sin,
psnn 49, .,.h,n a. oortamnia
ton Of that body"
The Constitution Of 1921 Is In thes
words: "No lottery shall hereafter b
authorized In this State, and the Legis
laturo shall pass laws 70 prevent tho sale o
" iv..eIy AT Aes n.an,sa5 tos =. ~,
msn nerHs - ~ r"s.r: - ~,
rnU.,,,u,,on ah;ch 4. do.,arad ~ hs .rh
s..us;sII. ~. ..mo a. ,ho Tor.,;trtinn q
,Saa s.ia. "TSI. a. Ssnarsl
'.o, Z. lila >, amhs.ao III ,o,.sris.
.ias. 49, -. aa.n 49,. .uS s..,s
uh,ess Nae,o W .vme VIZ V.o =. ~
Isc.oIy rIas9n aor unIef. a.a III,
,IO sranmort ,%a I' nrhi;, ,os,or,ss tor ma
snusn nr,.e. p u.o.n. ~ r.i.irS rsv
ouna worn Lone vi,hin the contomnIstior
~ tbo trsmors ri tho constitntionI nm
io,tor,cs have novsr Mann CREATED vitbir
,Sis at.,o sor ,ho nr,noso NJ general raw
anne srd ,ho,o !. tharssoro mo oround N,
Sa,;o,inn .h,t .ho nroh,hi,ion wss In
,sndod 70 No i;ui.oa ~ iot.sris. for tbs
object. Tlia WOuld have been regtrniltDI
a misebief which ala mot exist. and toler
atinu that which did. Lotteries had bee,
anthorized Inv the LepisIsturofo for the bene
Al Of colleges. for M making Of roads. 10
tbo buiIdinr Of bridees. for the Improve
ment Of ferries. for tbe erection Of hos
nitsis' and for vsrions otbsr nurpose
eonsliv commendsbla and beneficial. All
these were clearly Within the prohibition
M nrobibiIon vas mot aimed Al The oh
iects Tor which batteries had mean sntbor
;SeJ Int A. that nsrticnI.r mode Of accom-
nIisb;ne sr,h ohtoc,s n vss sonnded q,
ithn mos.I nrincipio th., av;I sbSnid not h
dono th.s qood m,obt fo,Iov. and mon an
49,. aoca0t n,so,2c., econ ,hst tbo sv,
c=onseousnt On this pornioious hind o
osmbiing greatly oyerbsisnced In III
s=ucreoste sny good likely to rcsult from
TSs rrowotion Of tha ana arts Ia nm
S"r,,toJir = c~omnend.blo objsct. but IN,
= con,sins M e.ccntion In Il
tasnr on th.s Ground. .
nv ,n.an.,or ~ ~ ,-.nors NJ tba Con
.,i.,,;oU m=ndouhteS,v VS. N forbid tb,
sn.n.o ar.ntiU;c ~ IN such iotteries a
h.1 . .n. t,u. n%rex;orsiv been author
, na ~ .aS T.. rooni,,ro tha I.ecis
i1cu W As"' anu W ASfeH...o 80