Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-20

can 30 based. flrgle lI 81
"No lottery shall BE- authorized BY this
Stats, nor shall the sale Of lottery tickets
DO allowed" tConst., Art, ~. Seo. 2A.l
The Act In question attempts 70 author'
Ire . lottery. and 70 allow tho 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
DO . perversion Of the language Of the Con-
.stitution 10 say that Che Act 10 valid.
Respondents. however. contend thai the
"does not prohibit private
lotteries, and was BY It, trainers intended
only to prevent the Legislature from 10.
volving the State In . System OF pubic
lotteries a. . means Of raising money Tor
the service OF the State" or, In other
words, that this constitutional provision
was only intended - . Limitation Of power
10 prevent the State, - . 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
10 conduct and carry on . lottery
Of the character specified In the Informs.
tion.
In support Of this position they refer to
the debates Of the Constitutional Couven-
ton In California upon the adoption OF .
provision In tho Constitution Of that State
Identical with ours. It is not claimed
that these debates have the weight OF .
Judicial decision, but that 1t Is proper 70
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 at issue. They arc - much In
favor OF the position taken by the Attorney
General % they are In favor Of the respon-
dents. The debates show that the 0onsti.
tuition OF New York was referred 10 In
discussing the provision that was adopted
In California. Mr.. Halleck, who was In
favor Of the adoption OF tho lottery pro.
vision, In the course OF his argument
said : "In nearly all the new Oonstitu.
lions you will hnd this olsuss. II was not
contained In the old Consultation, but In
most cases, whore they have been
amended, u has been introduced. In the
old Constitution Of New York. to 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 20.
rious embarrassment 10 the State Govern.
ment itself. The result 90 clearly estab.
lIshed the evils Of the lottery system that
the Convention Of New York. 10 1886, In.
serted Q clause In the very irst article Of
the now Constitution (see Section l0l
prohibiting lotteries and the sale Of lot.
terry tickets. 1t appeared to him
that this prohibition was one Of the best
that could bs inserted In the article limit.
Ing the powers Of the Leeislsture."
The language Of the 10th Section OF Ar.
tiols I Of the Constitution Of l8i6. refer
red 10 by Mr.. Hslleok II ~ follows /: "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of the Almshouss W.
American Art Union, supra, IL was CON.
tended by Charles o'Connor. counsel for
the Art Union, a. II 10 here. that the Con.
sutution was only intended 10 prevent the
mischisvous practice Of raising Q revenue
BY public lotteries, which had been for
many years In foil vigor both In England
aud In this country. aud that the prohibi.
tons Of the Constitution were only directed
against this particular evil. He referred
70 the fact, ~ do counsel here. that ''from
1909 TO 1874 public lotteries we're author.
ICED at every session Of Psrlismsnt." 10
also referred TO the debates Of the Consti.
tutional Convention Of 1871. for the pur.
pose Of showing that T" public lottsriss for
pecuniary prizes ~ . means Of raising
revenue were alone within the oontempla-
ton Of that body"
The Constitution Of 1891 10 In these
words: "No lottery shall hereafter DO
authorized In this State, 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 to this
Constitution, which IL declared to BE- sub
stautially the same - the Constitution Of
lsi6, said: "This prohibition 10 general.
II must be held to embrace all lotteries,
unless there be some very clever and salts.
factory reason for understanding 1t In .
more limited sense. 1t was urged upon
the argument that public lotteries for Pc
ouniary prizes - . 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
enus, and there IL therefore no ground for
believing that the prohibition was In.
tended to be limited 10 lotteries for that
object. This would have been restraining
Q mischief which did not exist, and tolsr.
sting 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 oommendabls aud beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed at the OBJ.
jscts for which lotteries had been author.
Iced, but at that particular mode Of accom-.
plishing such objects. Twas 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 Of
gambling greatly ovorbalsnced In the
aggregate any good likely 10 result from
1t. The promotion Of the hne arts II nm.
doubtedly o commendable object, but the
prohibition contains no exception In ia
favor on that ground.
The intention OF the trainers Of the Con.
stitution undoubtedly was 10 forbid the
future granting Of any such lotteries -
had ct any time previously been author
lied by Law. and by requiring the Legis.
lsture 70 pass laws 70 prevent the sale Of
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 statute under the name Of
private lotteries"
Tho argument that the words "by this
State" were inserted for tho purpose Of
preventing tho Legislature from authoris
Ing public lotteries - means Of raising
revenue. and that the provision WA not
intended 10 prevent the Legislature from
authorizing private lotteries, 10 wholly nm.
No authority has been produced
In it, support and VI are satisaed that
none csn b. found.
In constituting this provision Of the CON.
stitutiop the last sentence 10 ~ important
~ the nrst.
II the trainers OF the Constitution had
intended by the use Of the words: "No
lottery shall be authorised BY this State"
10 only limit the legislative power 70 pub
lio lotteries. conducted and managed solely
BY the State for the purpose Of raising