Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-27

UAy saSeoso AZ tuib ot8to IN uiIoCb VIVA
ton Of the plain letter and spirit Of this
provision OF the Constitution. Il would
DO . perversion Of the language Of tho Con-
%stitution to say that the Act 10 valid.
Respondents. however, contend that the
Constitution "does not prohibit private
lotteries, and wa by its trainers intended
only 10 prevent the Legislature from In.
volving the State In . system Of public
lotteries as o means Of raising money for
the service Of tho State" or, In other
words, that this constitutional provision
was only intended a. . limitation Of power
10 prevent the State, % o State, from en-
gaging In public lotteries for the purpose
OF raising mean for the general revenue
OF the State. Hence they claim that the
State has the right to authorize private
parties to conduct and carry ON . lottery
Of the character specified in the Informs
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 II not claimed
that these debates have the weight Of .
judicial decision, but that u 10 proper TO
examine them In case Of doubt as to 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 are a. much In
favor Of the position 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 TO In
discussing the provision that wal 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 find this clause. II was not
contained In the old Constitution, but In
most cases, where they have been
amended, u has been introduced. In the
old. Constitution Of New York. 10 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 So
rious embarrassment to the State Govern.
ment itself. The result so clearly estab-
lished the evils Of the lottery system that
tho Convention OF New York, In 1886, in.
serted Q clause In the very first article Of
tho now Constitution (see Section l0l
prohibiting lotteries and the sale OF lot.
terry tickets. 1t appeared TO him
that this prohibition was one OF tho best
that could DO inserted In the article limit
Ing the powers Of the Legislature"
The language Of tho 10th Section Of Ar.
ticle I OF the Constitution OF 1896, refor-
red TO by Mr.. Halleck 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 Va.
American Art Union, supra. 1t was con-
tended by Charles 0'Connor, counsel for
the Art Union, a. IL Is here, that the Con
stitution was only intended to prevent the
mischievous practice OF raising Q revenue
by public lotteries, which had been for
many years In full vigor both In England
aud In this country, and that the prohibi.
tions o the Constitution were only directed
against this particular evil. He referred
to the fact, as do counsel here. that ''from
1909 To 1924 public lotteries were author
lied at every session OF Parliament" HI
also referred to the debates Of the Consti
tutional Convention Of 1921, for the pur
pose OF showing that Z" public lotteries FOL
pecuniary prizes a. . means Of raising
revenue were alone within the contempla
ton Of that body"
Tho Constitution Of 1891 Is In thes,
words: "No lottery shall hereafter b,
authorized In this State, and tho Legis
lature shall pass laws TO prevent the sale o
~ I.lA.-.. .!.l.a. -tsLt. Ait. 0t.ao ..aon
In lotteries already provided for by law
Constitution. which IL declared to DO sub
stsntially tho samo as tho Constitution O
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 II In {
moro limited sense. II was urged upor
the argument that public lotteries for pc
cuniary prizes as . means Of raising rev
enue were alone within tho contemplation
Of tho trainers Of tho Constitution. Blu
lotteries have never been created within
this State for the purpose Of general rev
enue. and there 10 therefore no ground fol
believing that the prohibition was In
tended to DO limited to lotteries for tina
object. This would have been restraining
o mischief which did not exist, and toler
ating that which did. Lotteries had beer
authorized by the Legislature for the beno
at Of colleges, for the making Of roads, To-
the building Of bridges, for the improve
ment OF ferries, for tho erection OF hos
pitfalls, and for various other purpose
equally cammendablo and beneficial. AL
these were clearly within the prohibition
Tho prohibition was not aimed at tho OBJ
jects for which lotteries had been author
lied, but q that particular mode Of accom-
plishing such objects. It was founded OF
the moral principle that evil should not b,
done that good might follow, and upon tn
moro cogent practical reason that the owl
consequent on this pernicious kind o
gambling greatly overbalanced In TIL
aggregate any good likely to result from
1t. The promotion Of tho flne arts 10 un
doubtedly o c~ommendable object, but tn,
prohibition contains NO exception In IL
favor on that ground. y .
The intention Of tho trainers Of tho Con
stitution undoubtedly was to forbid tn
future granting Of any such lotteries a
had at any time previously been author
lied by law. and by requiring the Legis
lature TO pass laws TO prevent tho sale o
all lottery tickets, TO put an end to al
such distributions Of money or goods b!
lot or chance % had heretofore been for
hidden by statute under tho nsmo o
private lotteries"
Tho argument that tho words "by thiI
State" were inserted for the purpose O.
preventing tho Legislature from authorize
Ing public lotteries Is means OF raising
revenue. and that the provision was no
intended to prevent the Legislature from
authorizing private lotteries, 10 wholly IN
tenable. No authority has been produced
In Its support and we arc satisaed tha'
none can DO found.
In constituting this provision Of the Con
stitution the last sentence u a. important
a. tho frst.
II tho trainers Of the Constitution had
Intended by the use Of the words: enc
lottery shall DO authorized by this State
to only limit the legislative power to pub
lilo lotteries. conducted and managed solely
by tho State for the purpose Of raising
revenue, they would mot have used the
language they did IN the concluding SEN
tence. "Nor shall tho sale Of lottery tick
cts DO allowed" These words clearly
show that Il was not intended that any
lottery should DO authorized by this State