Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-15

~ heAos eaAb oSpo III ulIoct vlOlh-
ton OF tho plain letter and spirit Of this
provision OF the Constitution. Il would
be . perversion Of the language Of the Con-
stitution TO say that the Act Il valid.
Respondents, however, contend that the
Constitution does not prohibit private
lotteries, and was by iA trainers intended
only to prevent the Legislature from In.
volving the State In . system OF public
lotteries as Q means Of raising money for
the service Of the State" or, In other
words, that this constitutional provision
was only intended % Q limitation Of power
TO 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 . lottery
Of the character specified In the Informs
ton.
In support Of this position they refer to
the debates Of the Constitutional Conven.
ton In California upon the adoption Of .
provision In the Constitution Of that State
Identical With ours. II IL not claimed
that these debates have the weight Of .
judicial decision, but that II Is proper to
examine them In case Of doubt as to the
intention Of the trainers Of the Constitu-
ton. Tho remarks Of the different mem.
bers shed but little light upon the real
question at issue. They are a much In
favor Of the position taken by the Attorney
General % they are In favor Of the respon-
dents. The debates show that the Consti.
tuition Of New York VA referred 70 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 course Of his argument,
said /: "In nearly all the new Constitu-
lions you will dnd this clause. 1t was not
contained In the old Constitution. but In
most cases, whore they have been
amended, u 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 TO the State Govern
ment itself. The result 90 clearly estab-
lished the evils Of the lottery system that
the Convention Of New York, In 1916, In.
serted Q clause In the very first article OF
the now Constitution lsee Section 10l
prohibiting lotteries and tho sale OF lot
terry tickets. It appeared to him
that this prohibition was one OF tho best
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 the Constitution Of 1916, refer
red TO by Mr.. Hslleck Is O. follows : "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors OF tho Almshouse vs..
American Art Union. supra. 1t was con.
tended by Charles O'Connor, counsel for
the Art Union, as IL Ia here. that the Con.
stitution was only intended to prevent tho
mischievous practice Of raising 0 revenue
by public lotteries, which had been for
many years In full vigor both In England
and In this country, and that tho prohibi.
tions Of the Constitution were only directed
against this particular evil. He referred
TO the fact, o. do counsel hero, that ''from
1903 to 1924 public lotteries were author.
izcd ut every session Of Parliament" He
also referred to tho debates Of tho Consti.
tutional Convention OF 1921, for the pur'
pose Of showing that public lotteries fol
pecuniary prizes Is Q means OF raising
revenue we're alone within the contemplA'
ton OF that body"
Tho Constitution OF 1921 is In these
words: "No lottery shall hereafter BIZ
authorized In this State, and tho Lcgis
laturo shall pass laws 70 prevent the sale O
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 to DO sub.
stantially the same Is the Constitution oil
1916, said: "This prohibition Is general.
II must be held 10 embrace all lotteries,
unless there be somo very clevor and salts
factory reason for understanding II In q
moro limited sense. II was urged upon
the argument that public lotteries for pe-
cuniary prizes az Q means OF raising rev.
enue were alone within tho contemplation
Of tho trainers Of the Constitution. But
lotteries have never been created within
this State for the purpose OF general rev.
enue, and there 10 therefore NJ ground for
believing that the prohibition was In
tended TO be limited TO lotteries for that
object. This would have been restraining
o mischief which did not exist, and toler'
ating that whichdid. Lotteries had been
authorized by the Legislature for the bene'
at OF colleges, for tho making Of roads, FOL
the building Of bridges, for the improve
ment Of ferries. for tho erection OF hos
pitfalls, and for various other purposes
equally c~ommendsble aud beneficial. AL
these were clearly within the prohibition,
The prohibition was not aimed ct the OBJ
jects for which lotteries had been author
lied, but at that particular mode Of accom-
plishing such objects. II was founded on
the moral principle that evil should not be
done that good might follow, and upon the
moro cogent practical reason that tho evil
consequent on this pernicious kind oil
gambling greatly overbslanced In the
aggregate any good likely to result from
Il. Tho promotion OF the fine arts Is un-
doubtcdly Q commendable object, but the
prohibition contains NO exception In Its
favor on that ground. =
Tho intention Of the trainers Of tho Con.
stitution undoubtedly was TO forbid the
future granting Of any such lotteries a.
had at any time previously been author
lied by law. and by requiring the Legis.
lature TO pass laws TO prevent tho sale OF
all lottery tickets, TO put IN end to all
such distributions Of money or goods by
lot or chance a. had heretofore been for
hidden by statute under tho namo OF
private lotteries"
Tho argument that tho words "by this
State" were inserted for tho purpose Of
preventing tho Legislature from authorize
Ing public lotteries Is . means Of raising
revenue. and that the provision was not
intended TO prevent the Legislature from
authorizing private lotteries, 10 wholly IN.
tensble. No authority has been produced
In Its support and NO are satisAed that
mono can be found.
In constituting this provision Of the Con.
stitution the last sentence ~ o. important
o. tho first.
II tho trainers OF tho Constitution had
intended by tho use OF the words: "No
lottery shall DO authorized by this State"
to only limit the legislative power to pub
lic lotteries, conducted and managed solely
by tho State for the purpose Of raising
revenue, they would not have used the
language they did In tho concluding sen.
tence, "Nor shall the sale Of lottery tick
OTIS DO allowed" These words clearly
show that II was not intended that any
lottery should DO authorized BY this State