Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-13

49, s.Sss~Ay sAu W AlloW tuo SAG Oh lOt-
terry tickets In this State In direct viola
ton OF the plain letter and spirit Of this
provision Of the Constitution. It would
be q perversion Of the language Of the Con.
~stitution 70 say that the Act l. valid.
Respondents, however, contend that the
Constitution docs not prohibit private
lotteries, and was by its trainers intended
only 10 prevent the Legislature from In.
yolving the State In Q system Of public
lotteries - Q means Of raising money for
the service OF the State" or. In other
words, that this constitutional provision
wa only intended ~ . limitation Of power
10 prevent the State. a. Q 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
parties to conduct and carry on . lottery
OF the character specified In the iniorms-
ton.
In support Of this position they refer to
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 II not claimed
that these debates have the weight Of Q
judicial decision, but that u 10 proper TO
examine them In case OF doubt - 70 the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different MEM
bers shed but little light upon the real
question 1t Issue. They are % much In
favor Of the position taken by the Attorney
dents. The debates show that the Consti-
a-Atz- Al No. vo-L -.s .f~-.I 40 II
discussing the provision that was adopted
In California. Mr.. Halleok, who was in
favor Of the adoption Of the lottery pro-
vision, In the course OF his argument,
said "In nearly all the now Constitu-
tons you will ind this clause. II was not
contained In the old Constitution, but In
most cases, where they have been
amended, u has been introduced. In the
old Constitution Of New York, 70 which
reference has been made In the 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 the
State In ruin, but was the occasion OF 30.
rious embarrassment TO tho State Govern.
ment itself. The result 90 clearly estab-
lished the evils Of the lottery system that
the Convention Of New York. In l8i6, In.
serted . clause In the very first article Of
the new Constitution fsee Section 10l
prohibiting lotteries and the sale Of lot.
terry 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 Legislature"
The language Of the 10th Section Of Ar
ticle I Of tho Constitution Of l846, refer.
red to by Mr.. Halleok 10 as 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 VI.
American Art Union, supra. II was con.
tended by Charles O'Connor. counsel for
the Art Union, - II 10 here, that the Con-
stitution was only intended to prevent the
mischievous practice Of raising 0 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
TO tho fact, q do counsel here, that ''from
1909 to 1924 public lotteries were author.
lied Of every session Of Parliament" &c
also referred TO the debates Of the Consti'
tutional Convention Of 1921, for the pur'
pose Of showing that public lotteries fol
pecuniary prizes - . means OF raising
revenue were alone within the contempla,
ton Of that body"
The Constitution OF 1921 IL In these
words: "No lottery shall hereafter b
authorized In this State, and tho Legis.
lature shall pass laws 10 prevent tho 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 u declared to DO sub.
stantially the same Is tho Constitution Of
1840, said: "This prohibition 10 general.
II must DO held to embrace all lotteries,
unless there DO some very clever and salts
factory reason for understanding II In q
moro limited sense. II was urged upon
the argument that public lotteries for Pc
cuniary prizes a. Q means Of raising rev
enue were 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 10 therefore nc ground for
believing that the prohibition was in
b6uuCu w W ilulitcu w tSttoAASo W. -
object. This would have been restraining
0 mischief which did not exist, and toler
ating that which did. Lotteries had beer
authorized by the Legislature for the bene'
at Of colleges, for the making Of roads, fol
the building Of bridges, for the improve
ment Of ferries, for the erection Of hos
pitfalls, and for various other purposes
equally c~ommendAble and beneficial. AL
these were clearly within tho prohibition
The prohibition was not aimed at the OBJ
jects for which lotteries had been author
lied, but Ak that particular mode OF accom-
plishing such objects. II was founded or
the moral principle that evil should not b
done that good might follow, and upon the
moro cogent practical reason that tho evil
consequent on this pernicious kind OIL
gambling greatly oyerbalsnced In the
aggregate any good likely to result from
II. Tho promotion Of the fno arts 10 nm
doubtedly Q commendable object, but the
prohibition contains NO exception In III
favor on that ground. 4
The intention Of the trainers OF the Con-
stitution undoubtedly was 10 forbid the
future granting Of any such lotteries 81
had Of any time previously been author
lied by law. and BY requiring tho Legis.
lsture TO pass laws 70 prevent the sale o.
all lottery tickets, TO put an end to all
such distributions Of money or goods by
lot or chance % had heretofore been for.
hidden by statuto under the name Of
private lotteries"
The argument that the 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 NOT
intended 10 prevent the Legislature from
authorizing private lotteries, 10 wholly I'M.
tenable. No authority has been produced
In It's support and no are satisfed that
mono can DO found.
In constituting this provision OF the Con.
stitution the last sentence 70 - important
% the FIRST.
II the trainers OF the Constitution had
intended by the uso Of the words: "No
lottery shall DO authorized by this State"
to only limit the legislative power TO pub.
lilo lotteries, conducted and managed solely
by the State for the purpose Of raising
revenue, they would not have used the
language they did In the concluding sen.
tonce, "Nor shall the sale OF lottery tick
cts DO allowed" These words clearly