Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-23

can be based. 49,.
"No lottery shall Be authorized BY this
State, nor shall tho sale Of lottery tickets
DO allowed" (Const., Art, ". Sec. a..
The Act In question attempts TO author
ize Q lottery, and 10 allow the salo 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
be Q perversion Of tho language Of the Con.
stitution to say that the Act II valid.
Respondents, however, contend hat the
Constitution does not prohibit privats
lotteries, and was by its trainers intended
only to prevent the Legislature from In.
yolving tho State In Q system OF public
lotteries a. Q means Of raising money for
the service OF the State" or, In other
words, that this constitutional provision
was only intended a. Q 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 tho State. Hence they claim that the
State has the right TO authorize private
parties 10 conduct and carry on Q lottery
Of the character specified In the informa'
ton.
In support Of this position they refer to
the debates Of the Constitutional Conven-
ton In California upon the adoption Of .
provision In the Constitution Of that State
Identical with ours. II 10 not claimed
that these debates have the weight Of .
Judicial decision, but that IL Is proper TO
examine them In case OF doubt a. 10 the
Intention Of the trainers Of tho Constitu.
ton. The remarks Of the different mem.
bers shed but little light upon tho real
question at issue. They are - 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 In
discussing the provlsion 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 Constitu-
lions you will and this clause. II was not
contained In the old Consultation. but In
most cases, whore they have been
amended, 4, has been introduced. In the
old Consultation 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 TO the State Govern.
ment itself. The result 80 clearly estsb.
lished the evils Of the lottery System that
the Convention Of New York. 10 1875. 10.
serted . clause In the very drst article Of
the new Constitution see Section l0I
prohibiting lotteries aud tho sale OF lot.
terry tickets. II appeared 10 him
that this prohibition was one OF the best
that could be inserted In the article limit.
Ing the powers Of the Lsgislsture."
The language Of the 10th Section Of Ar.
ticle I OF the Constitution Of l846. refer.
red TO by Mr.. Hslleck Is as follows: "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of the Almshouse vs.
American Art Union. supra. IL was con.
tended by Charles 0'Connor, counsel for
the Art Union. a. II 10 here. that the Con.
stitution was only intended TO prevent the
mischievous practice Of raising . 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
10 the fact, a. do counsel here. that ''from
1909 to 1874 public lotteries wero author.
lied at every session OF Parliament" He
also referred to tho debates Of the Consti-
tutional Convention Of 1871, for the pur.
pose Of showing that - public lotteries for
pecuniary prizes ~ Q means Of raising
revenue were alone within the contempla.
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 70 prevent the sale Of
all lottery tickets within this State except
10 lotteries already provided for by law"
The Court Of Appeals In referring to this
Constitution, which IL declared TO DO sub
stsntislly tho same a. the Consultation Of
1916, said: "This prohibition 10 general.
II must be held to embrace all lotteries,
unless there be some very clover and salts.
factory reason for understanding 1t In .
moro limited sense. II WAS urged upon
the argument that public lotteries for Pc
cuniary prizes a. . means Of raising rev.
enue were alono within tho contemplation
Of tho trainers OF the Constitution. But
lotteries have never been created within
this State for the purpose Of general row.
enue. and there 10 therefore no ground for
believing that the prohibition was in.
tended 10 DO limited to lotteries for that
object. This would have been restraining
. mischief which did not exist. and toler.
ating that which did. Lotteries had been
authorized by the Legislature for the bene.
dt Of colleges, for the making Of roads, for
tho building OF bridges. for the improve.
ment Of ferries, for the erection Of hos.
pitfalls, and for various other purposes
equally o~ommendable and beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed Ut the oh.
jects for which lotteries bad been author
lied, but ct that particular mode Of accom-.
plishing such objects. II was founded on
the moral principle that evil should not b.
done that good might follow, and upon the
more cogent practical reason that the evil
consequent % this pernicious kind OF
gambling greatly overbalanced In tho
Aggregate any good likely 10 result from
IL. The promotion Of the nne arts 10 nm.
doubtsdly . commsndsble object, but the
prohibition contains no exception In Ito
fsyor on that ground,
The intention Of the trainers Of the CON.
ntttutSh bhaSbSsSasJ Wss sASae -
future granting Of any such lotteries ~
bad at any time previously been author
ICED BY law. and by requiring the Legis.
laturs to pass laws 70 prevent the sale Of
all lottery tickets. 10 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"
The argument that the words F" by this
State" were inserted for the purpose OF
preventing tho Legislature from suthoris
ing public lotteries asa means OF raising
rsvsnus. and that the provision was not
intended 70 prevent the Legislature from
authorizing private lotteries, 10 wholly IN.
tenable. No authority has been produced
In it, support and We are satisnsd that
mont can be found.
In constituting this provision Of the Con-
stitution the last sentence \ - important
a. the hrst.
II the trainers Of the Constitution had
intended BY the use Of the words: mo
lottery shall be authorized BY this State"
to only limit the legislative power to pub