Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-21

can DO based.
"No lottery shall be authorized BY this
State. nor shall the sale Of lottery ticket:
be allowed" tConst., Art, ". SEQ. "a.
The Act In question attempts 70 author
ize . lottery. and 70 allow the sale Of lot
tory tickets In this State In direct viola
ton Of the plain letter and spirit Of this
provision OF the Constitution. II would
30 . pervsrsion Of the language Of the Con-
~stitution 10 say that the Act 10 valid.
Respondents. however. contend that the
Constitution "does not prohibit private
lotteries, and wa BY its trainers intended
only to prevent the Legislature from 10.
volving the State In . system OF public
lotteries a. Q means Of raising money for
the service Of the State" or, In other
words, that this constitutional provision
was only intended - . Limitation OF power
To prevent the State. v . 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 Q lottery
Of the character specified In the Informs
ton.
In support OF this position they refer TO
the debates Of the Constitutional conven-
ton 10 California upon the adoption OF .
provision 10 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 TO
examine them In case OF doubt - TO the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different mem.
bsrs shed but little light upon the real
question 1t issue. They are - 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 10 10
discussing the provision that was adopted
In California. Mr.. Hallsck. who Was In
favor Of the adoption Of the lottery pro.
vision, in the course Of his argument.
said : "In nearly all the new Consttu-
lions you will and this clause. II 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 the course Of
debate, NO prohibition wa 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 occasion OF %.
rious embarrassment TO the State Govern.
ment itself. The result 20 clearly estsb-
lished the evils Of the lottery system that
the Convention OF New York. 10 1916, In.
serted . clause In the very first article OF
the new Constitution (see Section l0l
prohibiting lotteries and the sale OF lot.
terry tickets. It appeared TO him
that this prohibition was q 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
ticls I Of the Constitution Of 1886. refer
red 10 by Mr.. Hslleok 10 a. follows: ''Nor
shall any lottery hereafter be authorised
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of the Almshouse W.
American Art Union, supra. IL was con-
tended by Charles O'Connor. counsel for
the Art Union, a. IL 10 here, that the Con-
stitution was only intended 10 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, aud that the prohibi.
tons Of the Constitution were only directed
against this particular evil. He referred
to the fact, a. do counsel here. that ''from
100 to 1874 public lotteries were author.
lied ct every session Of Parliament" He
also referred 70 the debates Of the Consti.
tutional Convention Of 1921, for the pur-
pose Of showing that " public lotteries for
peouniary prizes % . means OF raising
revenue we're alone within the contempla-
ton OF that body"
Tho Constitution Of 1871 10 In these
words: "No lottery shall hereafter DO
authorized in this State, and the Legis.
lsturs 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 10 declared to be sub
stantially the same a. the Constitution OF
lSi6, said: "This prohibition 10 general.
II must DO held to embrace oil lotteries.
unless there be some very clever and salts.
factory reason for understanding IL In .
more limited sense. II was urged upon
the argument that public lotteries for pc
cuniary prizes % Q means Of raising rev.
enus were alone within the contemplation
Ol tuo iEhIuotb VI tuo Soustitusioa' cas
lotteries have never been created within
this State for the purpose OF general rev.
enue. and there 10 therefore no ground for
believing that the prohibition was In.
tended TO be limited 70 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 the bene.
at Of colleges, for the 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 commendable and beneficial. AL
these were clearly within the prohibition.
The prohibition was not aimed ct the OBJ.
jects for which lotteries had been author.
ICED, but ct that particular mode OF accom-.
plishing such objects. It was founded on
the moral principle that evil should not be
done that good might follow. aud upon the
more cossnt practical reason that tho evil
consequent on this pernicious kind OF
gambling greatly overbslsnoed In the
aggregate any good likely TO result from
It. The promotion Of the hne arts 10 I'M.
doubtedly . oommendable object, but the
prohibition contains M exception In It,
favor on that ground.
The intention Of the trainers Of the Con.
stitution undoubtedly was to forbid the
future granting Of any such lotteries -
had at any time previously been author.
lied by law. and BY requiring the Legis.
lature TO pass laws 70 prevent the sale Of
all lottery tickets, to put an end 70 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 authorize
Ing public lotteries na means Of raising
revenue. and that the provision was not
intended to prevent the Legislature from
authorizing private lotteries, 10 wholly nm.
tenable. No authority has been produced
10 Ito support and we are satisded that
can be found.
In constituting this provision OF the Con-
stitution the last sentence II - important
the hrst.
II the trainers Of the Constitution bad
intended BY the use Of the words: "No
lottery shall be authorized BY this State"
10 only limit the legislative power TO pub.
n. r.4t..i.. nooaunt.d snd una0aOad anlaly