Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-30
:. ~ .hs sss.. sa ~ si..uisa.ie. I ~ LIZ.

II has the essential elements and stlri.
butes Of . lottery; the distribution Of prizes
by chance. Il is lottery within the dsnn.
itiou given In the dictionaries; IL 10 . lot
terry according TO the ordinary acceptation
Of that word Il 10 . lottery within tho
terms specified BY the Legislature Of this
State In the "Act to prohibit lotteries "
fStat., 1873, 1861; Il II . lottsry within the
meaning Of that word - used In the Con-
stitution.
sscond-Is the Act approved March o.
1881. eonstitutionslf
This question Il - clear and plain 70
our minds a the one already decided. 1t
will not admit Of any reasonable doubt.
The language Of the Consttution II sus-
csptible Of but one meaning. There 10 no
room for construction. Nothing upon
which any real or substantial argument
can be based. s..
"No lottery shall bs authorized BY this
Stats, nor shall the sale Of lottery tickets
be allowed" fConst.. Art, ~. Sec. -. ]
Tho Act In question attempts 70 author'
ise lottery. and TO allow the sale Of lot
tsry tickets In this State IN direct viols-
ton Of shs plain letter and spirit OF this
provision Of the Constitution. IL would
Be perversion Of the language OF the Con-
sttution 10 say that the Act 10 valid.
Respondents, however, contend that the
Constitution I" does not prohibit private
lotteries, and wss by its trainers intended
only to prevent the Legislature from In
volviug the State In . system OF public
lotteries q means Of raising money for
the service Of the State" or, in other
wss only Intended % . Limitation Of power
70 prevent the Stats, - . stats, from en-.
gazing In public lotteries for the purpose
OF rsisiug means for the general revenue
Of The State. Hence they claim that the
Stste hss the right 10 authorize private
N, rties to conduct and carry on lottery
af ths obarsot.r speoiaed In the Informs.
tion.
Tn .ppnort Of this positiou they refer 70
tbe dsb.tes Of the Constitutio Conven.
don In California upon the adoption Of Q
urovision iu the Consultation OF that State
,dsnricsi MIR ours. II Ia not claimed
that tbsss dsbstea have the weight Of q
ipdici.I dsoi,ion. but that. it IN proper 70
sY,mins them in case Of doubt ls TO the
Jn,sntion N tbs trainers OF the Constltu.
tIon. Tbe rsmsrks Of the different mem
hers @ .bsd but iittle light upon The real
ouestiou At issue, They arc a. much In
fvor of tbs position tsieu by the Attorney
Gsnsr,l 4, t6sy are In favor Of the rsspon.
dents. The debates show that the Consti.
tntion Of Nev York vss referred to In
diseussine the proyIsion that was adopted
In Cslifornis, Mr.. Halleck, who was in
favor Of The adoption Of the lottery pro.
vision, In the course Of his argument.
s.id e. In nssrly ali the nav Coustitu.
tious you will and this clause. Il WAS no,
contained In the old Constitution. but In
most cases. where they have been
amended. "A hss been introduced, In the
ola Constitutiou Of New York, 70 which
refsrence has been made In the course Of
debate. no prohibition was inserted.
MANY gentlemen present would remember
the famous case Of Yates and Mcintyre.
vhioh Involved not only individuals Of the
ststs In min. but was the o,cssiou Of %.
rious emb.rrsssmeutt 70 the State Govern.
mani itself The result no clearly estab.
iishsd % ,ha sv,i, ~ the lottery systsm thst
.hs Gonvsntion of Nsv York. in lSie, 10.
ser,ed clause In the very frst article Of
the new Consultation fsee Section l0l
prohibiting lotteries and the sale Of lot.
tery tickets. It appeared to him
that hi, prohibition was one Of the bes.
that could be inserted In the article limit.
ing the powers Of the Lsgislature."
The language Of the 10th Section Of Ar.
ticle Of the Constitution Of l6i6. refer
red 70 by Mr.. Hslleok IL a follows "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of the Almshouss ~.
American Art Union, supra. IL was con-
tended BY Charles O'Connor. counsel Tor
the Art Union, a. II 10 here, that the Con-
stitution wss only intsndsd 70 prevent the
mischievous practice Of raising . revenue
by public lotteries, which had been ior
many years In full vigor both In England
aud in this country, and that the prohioi.
tious Of the Constitution were only directed
against this particular evil. He referred
to the fact. a. do counsel here, that from
1903 to 1874 public lotteries were author'
lied at every session OF Psriiament. he
also referred 70 the debates Of the Consa'
tutional Convsntion OF isxl' ior sne Por'
pose Of showing that "puoiio iot!eries ior
pecuniary prisss ~ . means Of raising
revenue we're alone within the contempia'
tion Of that body"
Tho Consultation OF 1871 10 10 these
words: "No lottery shall hereafter DO
authorised In this State. and the Lesis..
lsturs shall pass laws 70 prevent the sale Of
all lottery tickets within this State except
in lotteries already provided for BY law"
The Court Of Appeals In referring 10 this
Constitution, which 10 declared to be sub
stsutislly the same a. the Consultation Of
isls. a.id: "This prohibition 10 general.
II must be- held TO embrace all lotteries,
unl,ss there be some very clever and salts.
s.ctor, re,son for updersts udIpg 10 In Q