Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-26
oeptbls Of bu. n meaning. Tbsrs 4. n,

can be based.
"No lottery shall be authorized by this
State. nor shall the sale Of lottery tickets
be allowed" [Const., Art, ". Sec. a.
The Act In question attempts 10 author.
lee . lottery. and 10 allow the sale Of lot.
terry tickets In this State In direct viola
ton OF tho plain letter and spirit Of this
provision OF the Constitution. It would
DO . perversion Of the language Of the Con.
stitution TO say that the Act q 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
volvlng the State in . system Of public
lotteries a. . 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, - . 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 to authorize private
parties to conduct and carry on Q lottery
Of the character specified In the informa.
ton.
In support Of this position they refer 10
the debates Of the Constitutional Conven.
ton In California upon the adoption Of .
provision In the Constitution Of that State
Identical with ours. 1t 10 not claimed
that these debates have the weight Of .
Judicial decision, but that II Is proper TO
examine them In case OF doubt ss 10 the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different mem.
bers shed but little light upon the real
question ct issue. They are a. much In
favor Of the position taken BY the Attorney
General a. they are In favor Of tho respon.
dents. The debates show that the Consti.
tuition Of New York was referred to In
discussing the provision that was adopted
In California. Mr.. Halleck, who was in
favor Of the adoption Of the lottery pro.
vision. In the oourse OF his argument,
said |: "In nearly all the now Constitu-
tons you will find this clause. 1t wa not
contained In the old Constitution, but In
most cases. where they have been
amended, 10 has been introduced. In the
old Constitution Of New York, 70 which
reference has been made In the course Of
debate. no prohibition was inserted.
Many gentlemen present would remetnbsr
the famous case Of Yates and Mcintyre.
which involved not only individuals Of the
State In ruin, but WAS the occasion OF 20.
rious embarrassment X the State Govern
ment itself. The result 70 clearly estab-
lished the evils Of the lottery system that
the Convention Of New York, In i8i8, In.
serted Q clause In the very frst article Of
tho new Constitution lsee Section l0l
prohibiting lotteries and the sale OF lot.
terry tickets. 1t appeared to him
that this prohibition was one Of the best
that could be inserted In the article limit.
ing the powers Of the legislature"
The language Of the 10th Section OF Ar.
ticle 1 OF the Constitution Of i848. refer.
red 10 by Mr.. Hslleck 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 the Almshouse ".
American Art Union. supra. IL wa con.
tended by Charles O'Conpor, 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 pr0hibi.
tons Of the Constitution we're only directed
against this particular evil. He referred
to tho fact, ~ do counsel here, that ''from
1903 to 1924 public lotteries we're author.
lied ct every session OF Parliament" He
also referred TO the debates Of the Consti.
tutional Convention Of 1891, for the pur.
pose Of showing that public lotteries for
pecuniary prizes ~ . means Of raising
revenue were alone within the contempla-
ton Of that body"
Tho Constitution OF 1891 IL In these
words: "No lottery shall hereafter be
authorized In this State, and the Legis.
lsture shall pass laws 70 prevent the sale Of
ell lottery tickets within this State except
In lotteries already provided for by law"
The Court Of Appeals In referring 10 this
Constitution, which IL declared to be sub
stsntially the same ~ the Constitution Of
1916, said: "This prohibition 10 general.
Il must be held to embrace all lotteries,
unless there be some very clever and salts
factory reason for understanding IL In .
more limited sense. It was urged upon
the argument that public lotteries for Pc
cuniary prizes 40 Q means OF raising rev.
enue we're alone within the contemplation
.u1 L"as :, VIZ 49, .sss,.S v,,h;n
iotesies Lave never oeen es0ss.u Jill
'nis oa ,Sr 'ng puIpvso =, erorna sor
snms. nnu ,uure sne aeaSIsi,;,S ~. ~.
De.ie.,us - M,i Inv O io,,ss,.. tor ,hs,
ssIasa T No mnntS I ~ Sssn rs.,v.,n;no
ooy1oI IN NV u nts .N, 80. "a .oisr'
ating that which did. Lotteries had been
su.norliea " tne Les.sns ~ Ia. -.
~. u oUlsss', ~ IN ~. a. ,mnro.o.
.ne ou,,a,ns :, V.,ass ~ or.s.,on =, Nv.
.is. ~. 'o .,nn. n.hsr nrrnoss.
p,.a4u, snu III NJ .na Ar
eSua!iy aIaen,n .n,,.;u az nr"hih;,,on
~, ses v"h,.I.ss. wv. .,rn.5 =, ,ha Oh
u p .oh'vln1n W. W. - 49, 'ns.o.'
!ects LOT "n!cn io'eeiies n.u yes N.sau.
ilod, " nat ~paItou,nf mous y, seS "
piisning suon oglscs. !. Vas ousue In
the moral principle tnst evlI snoaia no. 10
aone NAV sooa m,sut ioi'oS, ~ uI ~ VII
more cosen' pracAeai loasUI @ w, =,
c~onseaueh' On tnis P erh. ~ ~.
Ssnionus se ~ I'LL. - rs.ri, tow
Ths NJ the Ana srts n nm.
do~rh,sJ,1a command.hls obisct, bnt the
neoh,hi,i,n con,sins No o%,csn,ion In i'm
t..or NV sh.t aronnd.
tn n..n.ionn ~ shs ~,r.r,sr. ~ tbs Con.