Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-18

IL haa thA AllqnttAI Alemenn MOO Hytrl-
.,,.. ~ . Io,tsrv. ,he distribution Of prizes
Io,,srv -ithin ,hs dsan.
~ sns ,N a, ara d,.,ion.r;ss a h . iot.
,nu' ,s." .sccoraing s 10 the ord,psry scceptstion
o.de ~ Ia a lottery within tbe
,a.ms ~ ,a .r.cissa bv the Legisisture Of this
Srms spsI ,S. :. A., 70 prosibit Iot,eries" !"
IS,ss ia7a ,aeI. n II : iottsry within the
.o. ."..,,a ~ that word 4, used In the Con.
sIHS s,;,n,;oS ~ ~
Sssond-r. tho Art snproysd March Q,
,ss, con.,itutionL2
Th,s onsstion IL a clear and plain TO
,,. n,,nS. ss tbs ons .lresdy decided, Il
Ill Ill, NOT ,smit Of ,nv ressousble doubt.
III I.n,r.os ~ tbs Constitution IA aus.
a.n,;hIa of Sn, ons meaning. There IL no
- Tor oonstruotion. Nothing upon
s ryoM ~. W. ooa Us., " snh.,.n,isI sseumsnt
"nSu ~ 'o~A -
eAu W. gs . .uh. .r,hor,,.a nv tbi.
o.. o ,nu iv' sh.,, % ~. al. Of lottery uciets
bs siiovsd." ICon,t., Art, ". Sec. 2l.l
THE Act In question attempts to author
Ina ! lottery, and to allow the sale Of lot
tery Tickets In this State In direct viola
tion OF The plain letter and spirit Of this
nrovision OF the Consultation. II would
be 4 psrversion Of the language Of the Con-
,titutiou TO say that the Act 10 valid.
Respopdsnts, however, contend that the
Constitution does not prohibit private
lotteries, and was by its trainers intended
only 70 prevent the Legislature from 10.
volving the State in . system OF public
lotteries a means Of raising money Tor
the service OF the State" or. In other
words, that this constitutional provision
vsa only intended q Limitation OF power
TO prevent the State, a. . 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
psrties 10 conduct and carry on . lottery
Of The ohsrsster specified In the informa.
tion,
In support OF this position they refer 70
the debates Of the Constitutional Conven-
tion In California upon tho adoption Of Q
provision In the Constitution OF that State
identical with ours. It 10 not claimed
that tbess debates have the weight OF .
indiei,I deci,ion. but that IL Ii proper to
srsmino them In case OF doubt ~ TO the
,ention of tbe trainers of the Constitu.
tion. The rsmsrks Of the different mem.
bsr, ,hed but little light upon the real
ouestion At issua. They are a much In
f.yor m tbs nosition taien by the Attorney
Gsner.l ss t6ey are In favor Of the rospon.
dents. The debates show that the Consti.
tption NJ Nav York was referred 10 In
Siscu..inu the proylsion that was adopted
in CaIifopnis. Mr.. Hslleck. who WAS In
favor Of the adoption Of the lottery pro.
yision. In the course OF his argument,
s.id :. In nearly ali tho nav Coustitu.
tions vop vili and this clause. II was not
con,.;nsa In the old Constitution, but In
moss c..es vbere tbey have been
= smsrasd i. b,. hean introduced. In the
ia Toos,,,r,;on N New York. IN which
1T sas.s"nn. re- l,ssn m.ds In tho eourso Of
ash.,a No nroh,bi,ion VA. inssrted.
49, 49,, - ,io,,an nrassnt vonid rem.nber
N ,ss 1or. S c.ss m Ys,es and McIntyro
'.s,as sJo % iUso,saJ - No. oniv indivian.ls oi tho
S,... a.. -, ~, v.. ,ha o,c.sion NJ se.
r;ons smhsrr.ssment 10 the STATE Govern.
.'ous ~ s..,s mr. .as,,I, .o c,s.r,v s.t.h.
W.hna yu. ', .ha .,,i. ~ ,ha io,,erv sysisu thst
,h. Tan.on,,nn ~ Nav Yoyt IN iais. IN.
sar,sS ae : .,.nsa IN tbs verv frst article of
tho nav Con,,itu,ion lace Section lOl
nrobihi,;nS Iottsries and the sslo Of lot.
tery Ticket. II sppesred to him
,b., ~ his Js nrobibis,pn. vas one Of the best
th,t could be inserted in The article limit.
Inc The novsrs N tbs I.egisl,turs.T
Ths ,.ngn.es Of the loth Ssction Of Ar.
,;.ia oS ,hs Constitntion of lsIs. refer.
WI I - y. NJ H.iiscs 4. a. fo,lows. "Nor
sh.,i .ny Lottery hereafter be Authorized
or .nv ala of lottery tioketa Allowed with.
in thjs at.,s,'
In the Governors Of the Almshouse W.
American Art Union. supra. IL was con.
,sndsd bv Cbarles O'Conpor. counsel for
the Ar, Onion. a. II IL hero, that the Con.
.ti,ntion vss oply intended TO prevent the
nischisyons prsctice Of raising . revenue
hv nrhlic Iottsries. which had been for
many wear, in full yigor both in England
and In this country, aud tina, the prohibi.
tIons M the Constitu ton were only directed
aesinst this particular evil. He referred
no tbe fact. A. do counsel here, that "irom
1903 to 1874 public lotteries were author.
lied At every session OF Parliament" He
slso referred TO the debates Of the Consti.
tutional Convention Of 1871. for ths pur.
pose Of showing that "publio lottsriss for
pecuniary prizes IS . means Of raising
revenue we're alone within the contempla.
ton Of that body"
The Constitution OF 1871 10 In these
words: "No lottery shall hereafter be
authorised In this State, and the Legis:
laturs shall pass laws 70 prevent the sale OF
all lottery tickets within this btate except
in lotteries already provided Tor by law.
The Court OF Appeals In referring 70 tnis
Constitution, which II declared TO be SUB.
stantially the same a. the Constitution OF
lsi6, said: This prohibition 10 general.
Il must DO held 70 embrace all lotteries