Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-22

II has the essential elements and attri.
butes Of . lottery; the distribution Of prizes
by chance. Il is . lottery within the dsfn.
ition given In the dictionaries; IL 10 . lot
tery according 10 the ordinary aocsptation
Of that word 10 10 Q lottery within the
terms specified BY the Legislsture Of thi.
Gtate In the "Aot 10 prohibit lotteries 7"
tstat., 1878, 1851; 10 II lottsry within The
meaning Of that word - used In the oon'
sutution.
second -Is ~ Act approved March Q,
1881, CONSTITUTIONAL
This question Il q clear and plain %
our minds a The ons already decided. II
wiii not admit Of any reasonable doubt.
The language Of the oonstituuon 10 sus.
Ssptibls Of but one meaning. There is no
room for construction. Nothing upon
which any real or substantial argument
can bs based.
"a No lottery shall bs authorised BY this
State, nor shall The sale Of lottsry ticksts
b allowed" (Coust.. Art, Nv. Beo. ~. ]
The Act In question sttsnph 70 author'
iss . lottery, and 10 allow the sale OF lot
tsry Tickets IN this State In direct viola
tion Of the plain letter and spirit Of this
provisiou OF the Consultation. IL would
b pervsrsion Of tbs language Of the Con-
stitutiou 70 say that the Act is valid.
Rsspondsnts. however. contend that the
CONSULTATION "does not prohibit private
lotteries, and was By its trainers intended
Saly 10 prevent the Legislaturs from in.
tolving the State In Q systsm Of public
lotteries - means Of raising money Tor
The service Of the 6tsts." Or. In other
words. that this constitutional provision
tas only intended - Q Limitation Of power
70 prevent the State. - . State, from en-.
gazing IN public lotteries for the purpose
Sfrsising means for the general vvsuue
ef the atats. Hence thsy claim that The
State has The right 70 suthoriss private
parties 10 conduct and carry on lottsry
81 the oharastsr specified In the inforna-
ton.
In support Of this position they refer 10
the debates Of the Constitutional Conven.
don In California upon the adoption Of .
proyision In the Consultation ef that 6tate
Identical with ours. II u not claimed
that these dsbaies have the weight Of .
Judicial decision. but that IL 70 proper 70
Examine them In oass OF doubt a. 70 the
intention Of the frsmsrs Of the Constttu.
tion. The remarks Of the different mem
bsrs she'd bat little light upon the real
questlon st Issue. They Are - much In
favor Of the position taken By the Attorney
General - they are In favor OF the respop.
dents. The debates show that the Consti.
tuition Of New York was referred 10 III
discussing the provision that was adopted
In California. Mr.. Aslleok. who was In
favor Of the adoption Of the lottery pro.
vision, In thu course Of his argument.
said "In nearly all the new Constitu.
aons you will hnd this CLAUSE. II wss not
contained In the old Consultation. but In
most cases, whore they have been
amended. Il haa been introduced. In ths
old Consultation Of New York. 70 which
references has bssn made In the course Of
debate, no prohibition Was inserted.
Many gentlemen present would remsmber
the famous case Of Yates and Mcintyre.
which involved not only individuals OF the
State In ruin. but was the OCCASION Of %.
rious embarrassment 10 the 6tate Govern.
ment itself. The rsault 20 CLEARLY estab-
lished the evils Of the lottery system that
the Convention Of New York. 10 1886. In.
serted . clause In the very hrst article Of
the new Constitution tses Section l0l
prohibiting lotteries and the sale Of lot.
isry tickets. II appeared 10 him
that this prohibition was one Of the best
that could BE- inserted In the article limit.
ing the powers Of ths Lseislaturs."
The language Of the 10th Section Of Ar.
ticls OF the Consultation Of l8i6. refer
red 70 by Mr.. Haileok II - follows: 'Nor
shall any lottery hrrsaftsr bs authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of the Almshouss ~.
American Art Union, supra. u was con.
tended by Charles u oohnor, oounseffof
the Art Union, ~ IL 10 here. that the Con.
ssitution was only intsuded 10 prevent the
mischisvous practice Of raising . revenue
by public lotteries, whioh had been for
many yesrs In full vigor both In England
and in this country. and that the prohibi.
tioss sishs Consultation wsrsonly dirsctsd'
against this particular evil. He referred
% the fact, - do counsel here. that "from
1909 10 1874 public lottsries were suthor.
lied at every session Of Parliament" He
also referred 70 the debates Of the Consti.
tutiopsl Convention Of 1a2l, for the par
pose Of showing that "publio lotteries for
pecuniary. prizes - . means Of raising
revenue were alone within the oontsmpla-
ton Of that body"
The Constitution Of 1871 Il In these
words: "No lottery shall heresitsr bs
authorised In this Stats, 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
Consultation, which IL declared 70 b sub.
stantially the same - The Oonshthtion Of
leie, said: "This prohibition 10 general.
II must be held 70 embrace all lotteries,
unless there bs some very clever and satis.
factory reason for understanding u II .
more limited sense. II was urged upon
the argument that public lotteriss. for Pc
cuniary prizes a. Q means Of raising rev
enus were alone within the contemplation
Of the trainers Of the Constitution. But
lotteries have never been created within
this Stats for the purpose of'gspsral rev.
enus. and there 10 therefore no ground Tor
believing thai the. prohibition VISA IN,
tended 70 6s limited 70 lotteries for that
object. This would have been restraining
amischisi which did not exist, and tolsr.
stiux that which did. Lotteries had bsSn
authorized BY the Legislature for the bens.
at Of oollsgss, for the making Of roads. Tor
the building Of bridges. for the improve.
meus Of ferries. for the erection Of hos.
pitals, and Tor various other purposes
equally eommsndabls and bsn<6eil. Al
th.ss wsrs clearly within the prohibition.
The prohibition Was not aimed as the OBJ
jscts for which lotteries had been author
issd. but Ct that particular mods Of socom.
plishing sssh objects. Il was founded on
the moral principle that evil should not b.
done that good might follow, and upon the
more cossnt practical reason that thu. evil
consequent on this pernicious kind OF
gambling greatly oyerbalanced in the
ssgrsSsts any good likely TO result from
IL Thepeonotion Of the sAns arts u nm