Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-23
!, b,, ,hs essential elements and a..ri.

II has the essential elements aud sttri.
butes Of . lottery; the distribution ofprixes
By chance. u II lottery within tbs dsdn'
ition given In the dictionaries; 10 10 . lot
tsry according 10 the ordinary soceptstiou
Of that word 10 10 Q lottery within the
terms speoihed BY the Lsgislaturs Of thil
STATE In the "kct 10 prohibit lotteries u
Istat., 1878, 1881; 70 u Q lottsry within The
meaning q that word = used In the Con-
sututiod. ~
sscond-Is Tie Act approved March Q.
1881. constitutionslf
This question ID - clear and plain q
our minds - the one already decided. II
viii not admit Of any reasonable doubt.
The Language Of the Constitution II sus.
osptibls Of but one meaning. There II no
room for construction. Nothing upon
which any real or substantial argument
csn bs based.
"No lottsry shall bs authorised By this
Ststs, nor shall The sale Of loteery uoket.
b allowed" (Oonst.. Art. Nv. Sso. -. ]
Tho Act In question attempts 70 author-
iss Q lottery, and 10 allow the sale Of lot
tsry tickets In this State In direct viola
lion Of the plain lettsr and spirit Of this
proyision Of The Consultation. Il would
b . pervsrsion Of the language Of the Con-
sitution 70 say that the ACT II valid.
Rsspondenls, however, oontsnd that the
Consultation "does not prohibit prtvate
lotteries, and wss b. IL frsmsfs intsnded
only 10 prevent the Lsgislstufs from IN.
volving. he 6sats In . systsm Of public
lottsries q Q means Of raising money for
the service ot the 6tats." or. In other
words. that this constitutional provision
wss only intended - . Limitation Of power
70 prevent the State. - . Stats. 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 10 authorize private
parties 70 conduct and carry on . lottery
Of the character spseiasd In the infurma'
ton.
In support Of this position they refer 70
the debates Of the Constitutional oonven-
don In California upon the adoption OF
provision In the Consultation Of that State
identical with ours. Il u not claimed
that these debates have the weight OF .
Judicial decision. bot that Il Il proper 70
examine them In case Of doubt a. 70 the
intention Of the trainers Of the Constitu.
tion. The remarks Of the different mem
bsrs shed but little light upon the real
question at issue. They arc - much In
favor Of the position taken By the Attorney
General - they are In favor OF the respon.
dents. Tho debates show that the Consti.
tuition Of New York was rsfsrred 70 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 oourss Of his argument.
ssid: !. In nearly all the new Consttu-
lions you will and this clause. II was not
contained In the old Constitution. bat In
most cases, whore they have been
amended, 10 has been introduced. In the
old Consultation Of New York. 70 which
reference has besn made In the course Of
debate, NO prohibition was inserted.
Many gentlemen present would remsmbsr
the famous case Of Yatss and Mcintyre.
which involved not only individuals Of the
Stats In ruin. but was the o,ossion Of ss-
rious embarrsssmentt 10 the State Govern.
ment itself. The result % clearly sstab-
lished the evils Of the lottery system that
the Convention Of New York. in l8ie, in.
serted . clause In the very nrst article Of
the new Consultation (sss Section l0l
prohibiting lotteries and the sale Of lot.
ery tickets. Il appeared 10 him .
that this prohibinon was one Of the best
that could bs inserted In the article limit.
ing the powers Of tbs Legislaturs."
Ths language Of the 10Th Section OF Ar
ticls Of the Constitution Of l6l6, refer
red 70 by Mr.. Hslleok IN a. follows "Nor
shall any lottery hereafter Be authorised
or any sals Of lottery tickets allowed with.
In this stats."
In the Governors Of the Almshouss W.
American Art Unlon, supra. IL was con.
tended by Charles O'Connor, counsel for
the Art Union, - 10 10 here, that the Con.
stitution was only intended 70 prevent the
mlschievous practice Of raising revenue
by public lotteries, which had been for
many years In full yigor both In England
and In this county, and that the prohibi.
tious Of the Cons stitutiou were only directed
against this particular evil. He referred
70 the fact, - do counsel bore, that "from
i7o9 TO 1874 public lotteries were author'
izsd at every session Of Parliament" He
also referred 70 the debates Of the Consti.
tutionsl Convention Of 1871. for the pur-
pose Of showing that "publio lottsries for
pccunisry prizes a. Q means OF raising
revenue we're alone within the oontsmpla-
ton Of that body"
Tho Constitution Of 1891 IL In these
words: "No lottery shall hereafter Be
suthorisedin this Stats, and the Legis.
lsturs shall pass laws 70 prevent the sale Of
ali lottery tickets within this Stats except
In lotteries already provided for BY law"
The Court Of Appeals In referring 70 this
Coustitution, which u declared to bs sub
stsutislly the same % the Constitution oi
isis. said: "This prohibition 70 general.
Il must bs held 70 embrace al lotteries
unless thsre bs some very clever and salts
factory reason for understanding u In
more limited sense. II was urged upon
the argument that public lottsrie. for Pc
cuniary prizes - means OF raising rev
enue we're alone within the contemplation
Of the trainers Of the Constitution. Bat
lotteries have never been created withiu
this Stste for the purpose Of general rev
snus, and there 10 therefore no ground fof
believing that the prohibition was In
tended to be limited 10 lotteries for that
object. This would have been restraining
a mischief which did not exist. and toler'
sting that which did. Lotteries had been
authorized BY the Legislature for the bene'
At Of colleges, for the making OF roads, foi
the building Of bridges, for the improve
mcnt Of ferries. for the erection Of hos
pitsls, and for various other purposes
equally commendable and beneficial. AL
these were clearly within the prohibition
The prohibition was not aimed ~ the OBJ
jects for which lotteries had besn author
issd. but at that particular mode OF accom-
IA H~ 1.A A<xv