Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-13

II has the essential elements and attri.
butes Of . lottery; ths distribution Of prizes
by chance. Il h . lottery within ths dsan.
ition given In the dictionaries; IL 10 . lot
tsry according 70 the Ordinary sooeptation
Of that word /; u 10 . lottery within the
terms specified BY the Legislature Of thia
State In the "Act 70 prohibit lotteries 7"
IStat.. 1878, 1861; 10 70 lottery within the
meaning Of that word - used In the oon'
sutution.
second d-Is the Act approved March Q.
1881, constitutionalf
This question ID - clear and plain 70
our minds - the one already decided. II
will not admit Of any reasonable doubt.
The language Of the Constitution 10 sus.
otptibls Of bat one meaning. There 10 no
room for construction. Nothing upon
which any real or substantial argument
can be based.
"No lottery shall be authorised By this
State, nor shall the sale Of lottery ticket:
b allowed" Const., Art. Nv. Seo. ~.
The Act In question attempts 70 autnor'
ise = lottery, and to allow the sale Of lot
tsry tickets In this State IN direct yiols-
ton Of the plain letter and spirit OF this
provision OF the Constitution. lt would
Ss q pervsrsion Of the lAngaags Of the Con-
stitutiou 70 say that the Act 10 valid.
Respondents. however. contend that the
Consultation "does not prohibit private
lotteries, and was BY its trainers intsnded
only to prevent the Legislature from in.
volving the State In Q system OF pubic
lotteries a. means Of raising money Tor
the service Of the State" Or. 10 other
words, that this constitutional provision
vas only intended % . Limitation OF power
70 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 10 conduct and carry on lottery
Of the character specified In the informs'
ton.
In support Of this position they refer 70
tho debates Of the Constitutional Conven-
tiou In CaliforniA upon the adoption OF .
provision 10 the Constitution OF that State
identical with ours. IL IL not claimed
that these debates have the weight OF .
Judicial decision, but that IL 10 proper TO
examine them In case Of doubt - TO 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 a. much In
favor Of the position taken BY the Attorney
General a. they arc In favor OF the respon.
dents. The debates show that the Consti-
tuition Of New York was referred 70 10
discussing the provision that was adopted
In California. Mr.. Halleck. who was In
favor Of the adoption Of the lottery pro.
vision, iu the course OF his argument.
said "In nearly all the new Coustitu-
lions you will find this clause. Il wss not
contained 10 ths~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 remember
the famous case Of Yates and Mcintyre
which involved not only individuals Of the
State In ruin, but was the o.cssion Of Be-
rious embarrassment 70 the State Govern.
meut itself. The result 20 clearly estsb-
lished the evils Of the lottery system that
the Convention Of New York, In i8i6, 10.
serted clause In the very hrst article Of
the new Constitution SEQ Section l0l
prohibiting lotteries aud the sale Of lot.
hry tickets. II appeared 10 him = =
that this prohibition WAS one Of the best
that could be inserted In tho article limit.
ing the powers Of the Legislature"
The language Of the 10th Section OF Ar.
ticle OF the Constitution Of 1886, refer
red to by Mr.. Hslleck 10 ~ follows: "Nor
shall any lottery hereafter be authorized
or any sale VI lottery tickets allowed with.
In this State"
In the Governors Of the Almshouss 70.
American Art Union. supra, 1t was con.
tended by Charles U'Connor. counsel for
the Art Union, a. IL 10 here, that the Con.
stitution was only intended 70 prevent the
mischisvous 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.
tious Of the Cons stitutiou were only directed
against this particular evil. He referred
" the fact, ~ do counsel here. that "from
1903 to 1874 public lotteries were author.
lied at every session Of Parliament" He
slso referred 70 the debates Of the Consti.
tuuons' Sou 49, ',.s'i.I e.
pose OF showing 'nA Paoho io'se.'es ~.
peouniAfy p,.s,a ptiLs. ~e.us ~. y, ..osn,V .,hs
ton Of that body"
The Consu,ution Of 1871 IL In these
as.,.a,o .o,us .S;s S,.ts 49, .nd ,hs Ts,;s'
i susuor,t. is,, - III la. ~ n,s.sn, - ,h. ~ =,
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III ,sn' ,o.ssy . ",rssav nra,,d.d Co. +, i. - :;
~ y, ioSss nsI @ n r.s.r.,n 80 .,,.
Ing ..,. vou.s eps; SPes 4, S..,...d ~ .rh' ~.
CSus!i,uuon, .nisn ~ ae naS.,,s,;.n ~ ~ ~ =,
sanhAliy 'ne cs%s ,,.s - WV Svasnaoa !. - ~
ioao, ssio: IN. PIou.o.aon Pa =, ,ssi.. s.us,''
1. mus. ~ ns,a 80. " 'I w. ",.,sr ~ .nS ...i..
en,es. '.e.s '..r ~ ,y g.. ..S.yy.,.nSi,e 4, IN !.
,ao,UI mosa i,mi,sS ' .sn.. M I. va urs,d upon