Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-28

IL has the essential elements ana ettrt.
butes OF lottery; the distribution Of prisss
by chance. Il u . lotssry within the dsdn.
ition given In the dictionaries; 10 10 lot
tsry according 70 the ordinary sooeptation
Of that word I; 10 II . lottsry within the
farms spseinsd BY The Legislature Of this
Htate In the "ket 10 prohibit lottsriss "
Fstat., 1878, 1881; Il q lottsry within The
meaning Of that word = ussd In The oou'
sttution.
seeond-Is ths Act approved March Q.
1881, constitutioaaf
This question q . clear and plain %
our minds a the one already decided. II
VIII not admit Of any reasonable doubt.
The Language Of ths Consultation II sus.
osptibls Of but one meaning. Thsrs 10 no
room for ooustruetion. Nothing upon
which any real or substantial Argument
can b bassd. "a,
"No lottsry shaii b authorised By this
Stats, nor shall the sale Of lottsry tickets
b. allowed" [Const.. Art, ~. Sso. -. ]
The Act In question attempts 70 author.
iss 4 lottery, and 10 allow the sale OF lot
t.ry Tickets In this 6tats In direct viola
don Of the plain isttsr and spirit Of this
proyision Oh the Consultation. u would
bs . perysrsion Of the language Of the Con.
stitution 70 say that the Act 10 valid.
Rsspondsnis, however, oopteud that The
Consultation "doss not prohibit private
lottsries, and was By IL framsrs intsnded
only 10 prevent the Lsgillature from In
yolving the State In . system OF public
iottsries q means Of raising money for
ths service Of the sate.'' OF, In other
words, that this ooussi itutional provision
vn only intended - Limitation OF power
10 prevent the 6tats. - STATE, from en-
gazing In public lotteries for the purpose
OF raising means for the general rsvsnus
Of the ststs. Hence they claim that the
STATE has the right 10 suthoriss privsts
parties 10 conduct and carry on lottsry
Of the character specified In the Informs.
don.
In support Of this positlon they refer 70
the debates Of the Constitutional Convsn-
don In California upon the adoption OF .
provision in the Consultation Of that State
identical with ours. Il II not claimed
that these, debates have the weight Of
Judicial decision, bat that 10 10 proper 70
examine them In case Of doubt n 70 the
intention Of the trainers Of the Constitu.
don. 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 - they are In favor OF the respon.
dents. The debates show that the Consti-
tuition Of New York was referred 70 In
discussing the provision that was adopted
In California. Mr.. Halleok, who was In
favor Of tho adoption Of the lottery pro.
vision, iu the course Of bis argument,
said "In nearly al the new Coustitu.
tions you will and this clause. Il was not
contained In the old Constitution. but in
most cases, where they have been
amended, 10 has been introduced. In the
old Constitution Of New York. 70 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 kclntyrs.
which involved not only individuals OF the
State In ruin. but was tho OCCASION OF So
rious embarrassment 10 the State Govern.
ment itself. The result 20 clearly estab-
lishsd the evils Of the lottery system that
the Convention Of New York. In 1886. In.
serted clause In the very first article Of
the now Constitution see Section l0l
prohibiting lotteries and the sale OF lot.
nry tickets. It appeared 10 him
that this prohibition was one OF the best
that could bs inserted In the article limit.
fng the powers Of the Legislature.
The language Of the 10Th Section OF Ar
ticls Of the Constitution Of 1886. refer.
red 10. by xr. Hslleok 10 - follow: "Nor
shall any lottery hereafter be authorised
or any sale Of lottery tieksts allowed with.
In this Stats"
In the Governor Of the Almshouss ~.
American Art Union, supra. 10 was CON.
tended by Charles O'Connor. counsel for
the Art Union, - u 10 here. that the Con.
sdtution was only intsnded 70 prevent the
mlsehisvous practice Of raising revenue
by public lotteries. which had been for
many Year, In full vigor both In England
and In this country. and that the prohibi.
tioas Of the Constitution we're only directed
sesipst this particular evil. He referred
10 the fact, e. do counsel bare. that "from
i709 TO ls2s public lotteries were author.
izsd at every session Of Parliament." He
also referred to the debates Of the Consi'
tutional Convention Of 1871, Tor the pur.
poss Of showing that "publio lottsrtes for
pscuniary prisss a. . means OF raising
revenue we're alone within the contsmpla-
The Consd.S,ion Of 1871 10 In these
words: "No lottery shall hsrsaftsr b
authorised In this State. aud the Legis.
laturs shall pass laws 70 prevent the sale Of
al lottery tickets within this Stats except
In lotteries already provided for By law"
Ths Court Of Appeals In referring % this
Constitution, which 10 declared to b sub
stantislly the same - the Oonstitution Of
isls, said: "This prohibition 10 general.
Il must bs held TO embrace all lotteries,
unless there be some very clever and salts.
factory reason for understanding u In
more limited sense. Il was urged upon
the argument that public lotteries for Pc
cuuiary prizes @ q means Of raising rev.
spus were alone within the contemplation
Of the trainers Of the Constitution. But
lotteries have never been created within
this State for the purpose OF general rev
snus. and there 10 therefore no ground Tor
bslisving that the prohibition was In.
tended 70 b limited TO lotteries for that
object. This would have bean restraining
Q mischief which did not exist, and tolsr.
ating that which did. Lotteries bad bssn
authorized BY the Legislature for the brns-
AZ Of colleges, for the making Of roads, Tor
the building Of bridges, for the improve
msnt Of ferries. for the erection OF hos
pitals, and for various other purposes
equally oommsndsbls and beneficial. All
these were clearly within the prohibition.
The prohibition WAS not aimed at the OBJ.
Iects for which lotteries had been author
lied. but At that particular mode Of accom-.
plishing such objects. II was founded on
he moral principle that evil should not b.
done that good might follow. and upon tho
more cossns practical reason that the evil
consequent on this pernicious kind Of
rambling greatly overbalanced In the
ssgressts any good likely 70 resul, from