Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-07
GOLD HULL STOREY co.. EVENING" JUNE lss

II has the essential S,susnts and attri.
butes Of . lottery; the distxibusion Of prizes
by chance. Il % lottery within the dshn.
ition given In the dictionaries; 10 10 . lot
tery according 10 the ordinary acoeptasion
Of chat word 10 70 . .lottsfy within the
terms specified BY the Legislaturs OF thi:
State In the Act 70 prohibit lettsriee +"
tstat.. 1878. 1881; u u lottssy within The
meaning q thAa word - ussd In The Con-
Sttntion. ll.l
second is The Act approved March o.
1881. constitutionslf
This question Il ~ clear and plain %
our minds q the one already decided. 1t
will not admit Of any reasonable doubt.
The language Of the Constitution u sus.
osptibls Of bat ono meaning. There 10 no
room for construction. Nothing upon
which any real or substantial argument
oan BE- bssed. 49,.
emo lottsry shsll bs authorised BY this
Ststs, nor shall tho sale OF lottsry tickets
b allowed" fcoast.. Art. Nv. Bee. "a
Tho Act In question attsmpn 70 author'
ise . lottery, and 70 allow the sale OF lot.
tsry tisksts In this State In direct viola
tion Of the plain letter and spirit OF this
proyisiou OF The Constitution. IL would
be aperversion Of the Language Of the Con-
stisuiion 10 say that the Act 10 valid.
Respondents. however, oontend tnat tne
oonstitation "does not .prohibit prtvan
isttsriss. and was By It, fraasn tntsnosd
only 70 prevent tho Legislatur6 from 10.
volving the 6tats In . aysteu OF public
lotteries - means Of raising money Tor
the service OF the State" Or. In other
words, that this constitutional provision
vas only Intended - . Limitation Of power
70 prevent the State, - . Stats, from en-.
gazing In public lotteries for the purpose
Of raising means for the general revenue
Of the 6tats. Hence they claim that the
State has the right to authorize private
parties TO conduct aud carry on lottery
Of the character specified In the informa'
lion.
In support Of this position they refer 10
the debates Of the C0nstitutional Couven-
uon In California upon the adoption OF .
provision Ia the Consultation Of that State
Identical with ours. II 10 not claimed
that these debates have the weight Of .
Judicial decision, but that IL 10 proper 10
examine them In case OF doubt a. 10 the
intention Of the trainers Of the Constitu.
ton. 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 are In favor Of the 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.. Hslleck, 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 ind this clause. Il was 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 tho 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 tho
State In ruin, but was the o,cssion Of Sc
rious embarrsssment TO the State Govern.
ment itself. Tho result 90 clearly estab-
lished the evils Of the lottery system that
the Convention Of Now York. In 1886. In.
serted clause In the very hrst article OF
the new Constitution see Section l0l
prohibiting lotteries and the sale OF lot.
tery tickets. It appeared 10 him
that this prohibition was one Of the best
that could be inserted In the article limit.
Ing the powers Of the Leeislsture."
The language of the 10th Section Of Ar
ticle Of the Constitution OF l6i6. refer
red 70 by Nr. Halleok 10 - follows: "Nor
shall any lottery hereafter bs authorised
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of the Almshouss ".
American Art Union, supra, 10 was con.
tended BY Charles O'oonnor. counsel for
the Art Union, % 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
and in this country, and that the prohibi.
lions Of the Constitution were only directed
against this particular evil. He referred
70 the fact, as do counsel here, that "from
l709 to 1874 public lotteries wore author.
lied at every session OF Parliament" Hs
also referred TO the debates OF the Consu'
tutional Convention Of 1871. for the pur.
pose Of showing that "publio lotteries for
pscuniary prizes - . means OF raising
revenue we're alone within the oontsmpla.
ton Of that body"
Tho Consdtution Of 1871 10 In these
words: "No lottery shall hereafter bs
authorized In this Stste, and the Legis.
lsturs shall pass laws 70 prevent the sale OF
all lottery tickets within this stats except
in lotteries already provided for BY law"
The Court Of Appeals In referring 70 this
Constitution, which 10 declared to b sub.
stantially the same - the Constitution OF
1876, said: "This prohibition 10 general.
II must bs held 70 embrace all lotteries,
unless there be some very clever and salts
factory reason for understanding 10 in .
more limited sense. II was urged upon
the argument that public lotteries for pe.
ounisry prizes a. . means Of raising rev.
enue we're alone within the contemplation
Of the trainers Of the Constitution. But
lotteries have never been created within
this State for the purpose Of general rev.
enue, and there IL therefore no ground for
believing that the prohibition was In.
tended 70 BE- limited to lotteries for that
object. This would have bsen restraining
mischief which did not exist, and toler'
sting that which did. Lotteries had been
authorized By the Legislature for the bene'
at Of colleges. for the making OF roads, for
the building Of bridges. for the improve
msnt Of ferries. for the erection OF hos.
pitsls, and for various other purposes
equally commsndsble and beneficial. All
these were clearly within the prohibition.
The prohibition wss not aimed st the OBJ.
jscts for which lotteries had besn author.
ised. butat that particular mode Of aecom.
plishing such objects. II was founded on
the moral principle that evil should not b
done that good might follow, and upon the
more cogsnt practical reason that the evil
consequent on this psrnicious kind Of
rambling greatly oyerbalAnced IN the