Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-27

can BIO based.
"No lottery shall DO authorized BY this
State, nor shall the sale Of lottery tickets
be allowed" (Const., Art, ". 6ec. a..
The Act In question attempts 70 author
Ire . lottery. and to allow the sale OF lot.
terry tickets In this State In direct viola
ton Of the plain letter and spirit OF this
provision OF the Constitution. II would
DO . perversion 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 ws BY Its trainers intended
only to prevent the Legislature from In
volving the State In . system Of public
lotteries a. . means Of raising money for
the service OF tho State" or, In other
words, that this constitutional provision
was only intended ~ . Limitation Of power
to prevent the State, y . 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 suthoriEs private
parties to conduct and carry on . lottery
Of the character. specified In the informa'
tIon.
In support Of this position they refer To
the debates Of the Constitutional Conven'
ton In Californis 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 decision, but that II 10 proper 10
examine them In case OF doubt a. 70 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 as they are In favor Of the rospon.
dents. The debates show that the Consti-
tuition OF New York was referred to 10
discussing the provision that was adopted
In California. Mr.. Hsllsck, who vas in
favor Of the adoption Of the lottery pro.
vision, In the course OF his argument,
said : "In nearly all the new Oonstitu.
tons you will Hnd this CLAUSE. II Was not
contained 10 the old Constitution. but In
most cases. whore they have been
amended, 10 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 tho occasion OF Sc
rious embarrassment 70 the State Govern.
ment itself. The result DO clearly estab-
lished the evils OF the lottery system that
the Convention Of New York, In 1876, In.
serted O clause In the very first article OF
the new Consultation lseo Section l0l
prohibiting lotteries and the sale Of lot.
terry tickets. 1t appeared 10 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 I OF the Constitution OF 1886, refer
red to by Mr.. Hslleck Ii a follows: "Nor
shall any lottery hereafter DO authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors OF the Almshouse vs..
American Art Union. supra. 10 was con.
tended by Charles O'Connor. counsel for
the Art Union, a. IL 10 here, that the Con.
stitution was only intended 70 prevent the
mischievous practice Of raising Q revenue
by public lotteries, which had been for
many years In full vigor both In England
and In this country, and that the prohibi.
tons Of the Consultation were only directed
against this particular evil. He referred
70 tho fact. a. do counsel here. that ''from
1909 to 1924 public lotteries were author.
lied at every session Of Parliament" He
also referred 10 the debates Of the Consti.
~tutional Convention Of 1891, for the pur.
pose Of showing that public lotteries for
pecunisry prizes a. . means Of raising
revenue wero alone within the contempla.
ton Of that body"
The Constitution Of 1921 10 In these
words: "No lottery shall hereafter be
authorized In this State, and tho Legis.
lsture shall pass laws TO prevent the sale OF
all lottery tickets within this State except
In lotteries already provided for by law"
The Court Of Appeals In referring TO this
Constitution. which IL declared 10 be sub
stantially the same 10 the Constitution OF
is48, said: "This prohibition 10 general.
II must be held TO embrace all lotteries,
unless there be some very clever and salts
factory reason for understanding 1t 10 .
more limited sense. 1t vas urged upon
the argument that public lotteries for Pc
cuniary prizes as means of raising rev.
enue were alone within the contemplation
Of the trainers Of the Consultation. But
lotteries have never been created within
this State for the purpose Of general rev.
enus, and there 10 therefore no ground for
believing that the prohibition was In.
tended 10 DO limited 10 lotteries for that
object. This would have been restraining
. mischief which did not exist, and toler.
ating that which did. Lotteries had been
authorized by the Legislature for tho bene.
at Of colleges, for tho making Of roads, for
the building Of bridges. for the improve
ment Of ferries. for the erection Of hos.
pitfalls. and for various other purposes
equally commendsblo and beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed st the OBJ.
jects for which lotteries had been author.
lied. but at that particular mode Of accom-.
plishing such objects. IL was founded on
the moral principle that evil should not DO
done that good might follow, and upon the
moro cogent practical reason that the evil
consequent on this pernicious kind OF
gambling greatly overbalanced In the
aggregate any good likely to result from
IL. The promotion Of the hne arts 10 I'M
doubtedly 0 commendable object, but the
pEOulDltl0u uOubsihb NJ VASokkASh a. "
favor on that ground. =
The intention Of the trainers Of the Con.
stitution undoubtedly was 10 forbid tho
future granting Of any such lotteries -
had at any time previously been author.
lied by law. and BY requiring the Legis.
lsture 10 pass laws 70 prevent the sale Of
all lottery tickets, 10 put an end to all
such distributions Of money or goods BY
lot or chance - had heretofore been for.
hidden by statute under the name Of
private lotteries"
The argument that the words "by this
State" were inserted for the purpose Of
preventing tho Legislature from authoris
ing public lotteries asa means Of raising
revenue. and that the provision was not
intended 70 prevent the Legislature from
authorizing private lotteries, 10 wholly IN.
tenable. No authority has been produced
in it, support and vi are satis6ed that
none can be found.
In constituting this provision Of the Con.
~stitution the last sentence IL - important
- the first.
II the trainers Of the Constitution had
intended BY tho use Of the words: "No
shall be authorized by this State"
70 only limit the legislative power TO pub.
IA