Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-31

- ues 49, s~~
butes Of lottery; tne disRiouaon OF prises
By chance. II 10 lottery within tns dsnn.
ition given In the dictionaries; nn.an ~
terry according 70 the ordinary socepattcn
Of that word II 10 lottery within the
tsrms specified By the Legislature Of this
Stste In tho "Act 70 prohibit lettsries "
IStst., 1878, 1851; IL Il Q lottery within the
meaning Of that word a ussd In the oon.
stitution.
sscond-Is the Act approved March u
1881, constitutionalf ~.
This question Il - clear and plain 70
our minds = the one alrsedy decided. 1t
will not admit Of any reasonable doubt.
The language Of the Consultation II sus.
csptibls Of bat one meaning. There 10 no
room for construction. Nothing upon
which any real or substantial argument
oan BE- based.
:" No lottery shall b authorised by this
State. nor shall the sale Of lottsry tickets
bs allowed" Const., Art, Nv. Sec. aA.l
The Act In question attsmpu 70 sntnor'
ise lottery. and 70 allow the sale Of iot'
terry tickets In this 6tats IN direct viola.
tion Of the plain letter and spirit Of this
provision OF the Consultation. lt would
be perverslon Of the language OF the Cons
stitution TO say that the Act 10 valid.
Respondents. however, contend that the
Constitution "does not .prohibit private
lotteries. and Was BY its frsmsrD tnsnded
only to prevent the Legislature from IN.
volving the State In Z syutem OF public
lotteries a. Q means Of raising money Tor
the service Of the State" or. In other
words, that this constitutional provision
Was only intended % Limitation Of power
TO prevent the State. - . State, from en-
gazing In public lottsries for the purpose
Of raising means for the general revenue
Of the State. Hence they claim that the
State has the right to suthoriss private
parties 70 conduct and carry on lottsry
Of the character specified In the informa-
tion.
In support Of this position they refer 70
the debates Of the Constitutional Conven'
don In California upon the adoption OF
provision 10 the Constitution Of that State
Identical with ours. Il In not claimed
that these debates have the weight OF q
Judicial decision. but that II IL proper to
examine them In case OF doubt a. 70 the
intention Of the trainers OF the Constitu-
tiou. The remarks OF the different mem
bers shed but little light upon the real
question at issue. They are a. much In
favor Of the position taken BY the Attorney
General ~ they are In favor OF the respon.
dents. The debates show that the Consti.
tuition Of New York Was referred to 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 course OF his argument,
said: "In nearly all the new Coustitu-
tons you will dnd 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 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
6tate In ruin, but was the o,oasion Of se.
rious embarrassment to the State Govern
ment itself. The result 30 clearly estab.
lished the evils Of the lottery system that
the Convention Of New York. Ia 1916. In.
serted . clause In the very frst article OF
the new Constitution see Section ioI
prohibiting lotteries and the sale OF iot.
terry tickets. lt appeared to 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 Of the Constitution Of lst6. refer
red TO by Mr.. Hslleck 10 - follows: "Nor
shall any lottery hereafter be authorised
or any sale OF lottery tickets allowed with
In this State"
In the Governors OF the Aimshouse W.
American Art Union. supra 10 was con-
tended by Charles oConnor. counsel ior
the Art Union' ~ ~ u nere' tnat tne oon-
sitution was only intended 70 prevent tne
mischievous Pracaoe Of raising revenue
by pubic lotteries, whion naa 1een 10.
many years In iuli Visor Dotn ~ Enyiana
aud In THIS country, ana sna. tne Pionioi,
lions OF tne Consntuton were only oi.ecpe
against tnis particular s,u. ne ieieIrso
70 the fsot. - 90 counsel mere, tnss IRON
i1os 70 1914 puoiic io.'s,ieS were a"'nSl' Or
ifed ~ every session 9t fslh.msn. ~
also referred 70 me oeoesss @ o' 'ns Sonsu'
tntiona Oonsenuon y, .Sni' 10. .ls ps,
pose OF snoWint suss Puoho 'o'seriss ior
pecuniary prizes ms.us VI IAs'ns
revenue were sious "''nia 'ne eonVe"pis'
ton Of that body; ,.o,
The Consutauon Oh iSIi u IN tnese
Wo,a No .Snsy ~
,utnorisea ~ 'ni. sn~, ;, .uu ~. .Ss
uls ,r., sn, ,s,. pa ~;,S;n III. s,.,s 49,, ~ ~
al io.'eLy avsos ". ...,ss s ~ S SHt.
10 iotseries .'Iesoy P'T.'as1 ~, W sM ..,.
Inc Cou.s oi Appss; =, ~ .s .sssus y. " ..h vi
oousu,uuoh, wnIea .a ae',,ou nao..,..,;u ~ ~ .
stantiaiiy tne csue - ,.s WV Soa'H'uuon ~ u "
isao, ssid: Inis Plonio'uon ~ sensi'
IL must % neid 70 emoIAce Al io.seI,ss'
unless tnsre DO some very olevsl sn9 ssus'
factory reason ior unger'na,ns =. LUZ, a. IN. ~
more Imieo sense. ~ ~ ,a.,.., .I ~ SpOu ~.
.ns a,samsns r, '..' puo.o % ~ r.i'inS M rev.