Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-09

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room for construction. Nothing upon
which any real OF substantial argument
can be based.
"No lottery shall be authorized By this
State, nor shall the sale Of lottery tickets
DO allowed" [Const., Art, ~. Bee. AL
The ACT In question attempts 70 author
lie . 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
be . ~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 was BY it, trainers intended
only to prevent the Legislature from in'
volving the State In . system Of public
lotteries ~ . means Of raising money Tor
the service Of the State" or, In other
words, that this constitutional provision
was only intended - . Limitation Of power
70 prevent the 6tats, - . Stste, 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 70 conduct and carry on . lottery
Of the character specified IN the informa'
ton. 'ai "nP2t ''ns
In support Of this position they refer "a
the debates Of the Constitutional Conven'
ton In California upon the adoption OF q
provision In the Constitution Of that State
identical with ours. Il 10 not claimed
that these debates have the weight OF q
judicial decision, but that Il 10 proper 70
examine them In case Of doubt - 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 ct Issue. They are - much 10
favor Of the position taken by the Attorney
General a. they are In favor Of the respon'
dents. Tho debates show that the Consti'
tuition Of New York was referred 10 10
discussing the provision that was adopted
In California. Mr.. Halleck. who Was In
favor Of the adoption Of the lottery pro.
vision, In the oourse OF his argument,
said : "In nearly all tho new Constitu.
tons you will fnd this clause. II was moi
contained In the old Constitution. but In
most cases, where they have been
amended, II has been introduced. In the
old Constitution Of New York, TO which
reference has been made In the course oil
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 So
rious embarrassment 70 the State Govern
ment itself. Tho result 20 clearly estsb'
lished the evils Of the lottery system thai
the Convention Of New York, 10 1886, In.
serted . clause In the very first article o.
the new Constitution lsee Section l0l
prohibiting lotteries and the sale Of lot
terry tickets. It appeared 10 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
ticle I Of the Constitution Of l8i9. refer.
red 10 by Mr.. Halleck Ii q 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 Va.
American Art Union, supra, II was con-
tended by Charles O'Connor, counsel for
the Art Union, ss IL 10 here, that the Con,
stitution was only intended to prevent the
mlschievous practice OF raising Q revenue
by public lotteries, which had been for
many years In full vigor both In England
aud In this country. and that the prohibi.
tions Of the Constitution were only directed
against this particular evil. He referred
to the fact. a. do counsel here. that ''from
l709 TO 1924 public lotteries were author.
lied ct every session Of Parliament" He
also referred to the debates Of the Consti.
tutional Convention Of 1871, for the pur'
pose Of showing that public lotteries fol-
pecuniary prizes a. . means OF raising
revenue were Alono within the contempla'
ton Of that body"
Tho Constitution Of 1891 10 In these
words: "No lottery shall hereafter be
authorized In this State. and the Legis,
lAture shall pass laws 10 prevent the sale oil
all lottery tickets within this State except
In lotteries already provided for by law"
The Court OF Appeals In referring TO this
Constitution. which 1t declared TO DO sub
stantially the same a. the Constitution oil
1916, said: "This prohibition 10 general,
II must be held to embrace all lotteries,
unless there DO some very clever and salts
factory reason for understanding II in 9
more limited sense. II was urged upon
the argument that public lotteries for pc.
cuniary prizes ~ . means OF raising rev
emu were slono 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 Is therefore nc ground fol
believing that the prohibition was In
tended TO be limited TO lotteries for tina,
object. This would have been restraining
. mischief which did not exist, aud toler'
ating that which did. Lotteries had been
authorized by the Legislature for the bene'
at Of colleges, for tho making OF roads, for
the building Of bridges, for tho improve
ment Of ferries. for the erection OF hos
pitfalls. and for various other purposes
equally commendsble and beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed ct the OBJ
jeots 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
more cogent practical reason that the evil
consequent on this pernicious kind oil
gambling greatly overbalsnced In the
aggregate any good likely to result from
IL. The promotion Of the fne arts Is un.
doubtedly Q commendabls object, but the
prohibition contains no exception In its
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 ct any time previously been suthor.
lied by law. and by requiring the Legis.
laturo TO pass laws 70 prevent the sale Of
all lottery tickets, TO put an end to al
such distributions Of money or goods by
lot or chance % had heretofore been for.
hidden by statute under the name Of
private lotteries"
Tho argument that tho words "by this
State" were inserted for the purpose oil
preventing tho Legislature from authorize
ing public lotteries ~ . means Of raising
revenue. and that the provision was mol
intended TO prevent the Legislature from
authorizing private lotteries, IL wholly un.
tenable. No authority has been produced
In Its support and we are satisfied that
zone can be found.
In constituting this provision OF the Con.
.ktk,tt,o xho lssk aaptanao In a. tpn nortsO