Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-27

IL has the eeeenual eiemenU euu htui'
butes Of . lottery; the distribution Of prizes
by chance. II IL . lottery within the dsfn.
ition given In tho dictionaries; 10 10 lot.
tery according 10 the ordinary soceptation
Of that word 10 10 . lottery within the
tsrms specified BY the Legislature OF this
State In tho "Act 10 prohibit lotteries 7"
IStat., 1878, 1851; u II lottery within the
meaning Of that word - used In the Con.
sutution.
second-Is the Act approved March o,
1881, constitutionlf
This question Il - clear and plain 70
our minds - the one already decided. 1t
will not admit Of any reasonable doubt.
The Language Of the Constitution II sus-
osptible Of but one meaning. There II no
room for construction. Nothing upon
which any real or substantial argument
can be based.
"No lottery shall bs authorised By this
State, nor shall the sale Of lottsry tickets
bs allowed (Const.. Art. ~. Bee. AL
The Act In question attempts TO author.
ise 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 tho Consultation. II would
30 perversion Of the language Of the Con-
stitution 70 say that the Act 10 valid.
Respondents. however. contend that the
Consultation docs not prohibit private
lotteries, and was BY it, trainers intsndsd
only TO prevent the Legislature from In.
yolving the Stats In Q system OF public
lottsries a q means Of raising money for
the service OF the State" or, In other
words. that this constitutional provisiop
vss only intended a. q limitation Of power
70 prevent the State, a. . State, from en-
gazing in public lotteries for the purpose
of rsising means for the general revenue
Of the Ststs. Hence they claim that tho
atste has the right to- authorize private
nsrties 10 conduct and carry ON lottsry
Of the character specified In the informs.
tion.
In suuport OF this position they refer 70
tbs dsbstss N the Constitutioual Conyen-
,ion In C.I;sorni. ppon the ADOPTION Of \
.;s,.r a.. a.. cons,,,rt,on m tb.t atste
ssu.;os, .,,h mrs II h mot ol.imed
re .h... S.hs,ss b.xs tbs veigbt of
s..s;.,.I Ss.,s,on hr. ,h,, a IA nron.r "A
!..m,;n. ! ,har, ;n cs.s nj doubt A 10 the
sa.,;n, :, ~. a.. n.r. ~ tbs Con.titu.
.;on Ths r.,r.rt. ms of The diffsrsnt mem.
bsrs sbed but little light upon the real
ouestion At issue. They are a. much In
fsyor Of the position taken by the Attorney
Gsnsr,l "a tbey Are In favor of the respon-
dsnts. The debates shov that the Consti-
,r,;on NJ Nav York vas referred 10 In
S;scu..,ng ths provl,ion that vas adopted
IN CsiiSosnis. Mr.. Hslleck. who va In
favor Of The adoption Of the lottery pro.
vi.ion. In the courso Of his argument,
..;a. ;a. :. IN ns.rIv ali an. nav Constitn.
,;an. @ ,or All Ana this olsusa. II vss no,
con,.; md In the ola Constitntion. but In
most c.se,. vhsrs tbey have been
amended. 4, has BEEN Introduced. In the
ola Constitution Of New YORK, to which
refersncs hss been made In the course Of
dsh.ts No nrobibition vas inserted,
Wsnv centlsmsn present would remember
,hs i.mops o,,e of Ystes and McIntyre.
Shieb involved moi oniy ipdiyiduals Of the
State in ruin, but was the occasion Of se-
rious embarrassme mt to the State Govern.
ment itself. The result 20 clearly estab-
lished the evils Of tho lottery system that
the Convention OF New York. In lSi6. In.
serted clause In the very first article Of
the new Consultation see Section iol
prohibiting lotteries and the sale OF lot.
terry tickets. 1t 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
ticls OF the Constitution OF 1885, refer
red TO by Mr.. Halleck 10 - ioilows "Nor
shall any lottery hereafter DO authorised
or any sale Of lottery tickets allowed with.
In this State"
In tho Governors Of the Almshouse ~.
American Art Union. supra. IL was con.
tended by Charles 0'Connor, counsel for
the Art Union, a. IL 10 here, that the Con.
stitution WAS only intended 70 prevent tho
mischisvous practice Of raising . revenue
by public lotteries. which had been for
many years in full vigor both In England
aud In this country, and that the prohibi.
tons Of the Constitution were only directed
against this particular evil. He referred
to the fact. a. do counsel here, that "from
i709 to 1874 public lotteries were author.
lied at every session Of Parliament" He
also referred to the debates Of the Consti.
tutiopsl Convention Of 1871, for the pur.
poss of showing that public lotteries for
pecupiary prizes 20 Q means Of raising
revenue we're alone within the contsmpla-
ton Of that body"
The Constitution Of 1871 10 In these
words: "No lottery shall hereafter Be
authorized In this State, and the Legis.
laturs shall pass laws 10 prevent the sale OF
ali lottery tickets within this 9tats except
In lotteries already provided for by law" ("
The Court Of Appeals In referring 10 this
titution. which IL declared to be sub.
stautially the Same as the constitution Of
lSi8, said: "Thls prohibition 10 general.
II must be held TO embrace all lotteries.
unless there be some very clever and salts
factory reason for understanding 10 in q