Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-20

Il has the essential elements and sttri.
butes Of lottery; the distribution Of prizes
by chance. Il 10 . lottery within the dsfn-
itiou given In the dictionaries; IL 10 Q lot
tsry according 10 the ordinary aoceptation
Of hat word !; IL Il iottsry within the
tsrms specified By the Legislature Of thi.
STATE In tho "Aot 10 prohibit lotterise" :"
Istat., 1878, 1851; 10 10 lottery within the
meaning Of that word - used In the Con-
stitution.
sscond-Is The Act approved March Q.
1881, constitutionalf
This question 70 - clear and plain %
our minds - ths one already decided. 1t
viii not admit Of any reasonable doubt.
The Language Of the Constitution 10 sus.
osptIbls Of bat one meaning. There II no
room for construction. Nothing upon
which any real or substantial argument
oan be bsssd.
"No lottsry shall b authorised By this
STATE, nor shall the sale Of lottery tickets
b allowed" fConst., Art. Nv. Seo. ~.
The Act In question attempts 70 author.
iss A lottery, and 70 allow the sale Of lot.
tsry tioksi In this State In direct viola
don Of the plain lsttsr and spirit OF this
provisiou W W. Sv.,e
b perversion Of me Language o. .es ooh-
sttution 70 say that the Aes y vsie.
Respondents. however, ooniena tna. w
Consultation does not prohibit private
lotteries, and was BY its trainers intsnded
only to prevent the Legislature from 10.
volvlng the Stats In . system Of public
lotteries q means OF raising money for
the service Of the State. or. In other
words thas tnis oonsu,aMoaia ,.'.i p.SS.vs ~ un~..
vss only INTENDED q : h",uuon 1 =. Po.si
70 prevent the Sne. - cA.1, Ioea ..e..
gazing In public lotteries Iot .oS Pulposs
Of raising means ior tne sens,A sss.Se Se
Of the state. Hence tney eiAlm .nas sue
State has the right 70 autnorise p pr1
pafues 70 oonouos suo S az W i.so.~
Of the character spselneo In 'ne 'n'osm
ton. ,., .,,. .
In support Of this posiuon .ney ,elo. !"
the debates OF the oonsntuuonn Gonvsn'
don 10 CALIFORNIA; upon tne aoopuon on :
provision In the Consutnuon OF snss 9use
identical with ours. II 70 not claimed
that these debates have tue weight OF .
judicial decision. but that IL proper 70
examine them In case OF aouos 81 70 tns
intention Of the iramsrs Oh .ne Oonsu.u'
ton. The remarks OF the oiuefent mem
bers shed but litue nsht upon tne teA
question ct issue. Tney are - muon ID
favor Of the posltion taken BY the Attorney
General a they are In favor Of the respon-
dents. The debates show that the Consti'
tuition Of New York was referred 70 IN
the provision that was adopted
In California Nj. Halleok' who was IN
favor OF the adoption OF sns lottery pro
vision, 10 tne course OF ms s[sumsn"
said: "In nearly all the new Constitu.
uons you will nnd tnis oisu,e. ~ VA no'
In the old Consultation, prt 10
most cases. wnere tney nave oeen
amended. 10 has been intr9aneed. IN sne
old Constitution Of New YORK, 70 wnicn
reference has been made In the course Of
debate, no prohibition w inserted.
Many gentlemen present wouie Ie%emoef
the famous case OF tans an9 ASAuys
which involved NOT only lnoivio9aIs % .us
State In RUM out wss tne o,oasion ot 20
rious emosrrsssmentto tne otAte oovern'
ment itself. the result DO Clearly esSo.
lished the eviis Oh zoe iote,y sysnm 'lA'
the Convention OF New iorx, 10 ioio, IN
serted ciSnse IN tne very n,s' ., .ln''I ~, y,
the new Consutuuon seo ooc.iou .ol
prohibiting lotteries and the sale Of ios.
xry tickets. ~ appeared 70 nim 49,,
that thi, prohibition vas one Of sns Des'
,hAt ooulo oe Inss.a ~ ~ aS,' A'A
ink .no PoWen " sav se.s us..,.
Hne I.nsost1 t.,.s,isu " sae tvsa - S ,aSs ..;a-
ucie ! oi ,ns von,anon ,, :. ~ Sa,,a", .o. M M.
REQ 70 oy NJ. nA,eeA % ~ . tVAow ....;s W.
snaii any ios!ely nrs...ss, " ,s~s sasso'ie ~
or any sale OF iostery uckeu sio"eo "iau'
In this Stats.
In the Govsrnors Of the Aimsnouse VI.
American Art Union. supra. u was con.
tended By Charles ooonnor, counsel ior
the Art Union, - - 10 here tnst me CON
stitutiou was only intended 70 prevent tne
mischievous Prscnos o. Isis,ng .Ievsnue
BY public iotteries' wnion mao peen ~.
many years In full vigor both IN Engiand
and In this country, and that the prohibi.
tious Of the Constitution we're only directed
against this particular evil. He referred
10 the fact, a. do counsel here, that "from
1909 to 1874 public lotteries were author.
lied ut every session Of Parliament" Hs
also referred 70 the debates OF the Consu.
tutionAl Convention OF 1891, for the pur.
pose Of showing that "publto lottsrtes for
pecuniary prizes - means Of raising
revenue were alone within the oontsmpis.
ton Of that body"
The Constitution OF 1871 10 In these
words: "No lottery shall hereafter be
authorized In this State, and the Legis:.
lsturs shall pass laws 70 prevent the sale Of
Ill lottery tickets within this state e1oep!
In lotteries already provided for ~ iAw.
The Court OF Appeal. IN referring 70 tnis
Constitution, which IL declared 70 o. sup.
stantiaily the ssms - me Gonsn.uaon o.
lSAo, SAID: rms Ptoniol.ion s s.nsi
IL must % neid 70 smotace IA iots.,s.' IN.
unless tnsre % some very cie.sI sna ~ si ~ !
factory reason for undenhnain8