Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-11

oeptble OF but ono meaning. There u no
room for construction. Nothing upon
which any real or substaatal Argument
can be based.
"No lottery shall DO authorised BY this
State, nor shall the sale Of lotsry tickets
be allowed" (Const., Art. ~. Sec. AL
The Act In question attempts 70 suthor'
ise . lottery, and 10 allow the sale OF lot
tsry tickets In this State In direct viola
ton Of the plain letter and spirit OF tbs
provision OF the Constitution. IL would
be Q perversion Of the language OF the Con-
stitution TO say that the Act 10 valid.
Respondents, however, contend that the
Constitution "does not prohibit private
lotteries, and was BY IL trainers intended
only 70 prevent the Legislature from IN
volving the 8tate In . system Of public
lotteries - Q means Of raising money for
the service Of the 6tate,'' or, In other
words. that this constitutional provision
Was only intended a. Q Limitation OF power
gazing In public lottsries 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 70 conduct and carry on . lottery
Of the character specified IN the tnforms'
ton. H
In support Of this position they refer to
the debates Of the Constitutional Conven'
ton In California upon the adoption OF .
provision 10 the Consultation OF that State
Identical with ours. II II not claimed
that these debates havs the weight OF .
judicial decision, but that It'll proper 70
examine them In case OF doubt % 10 the
intention Of tho trainers Of the Copstitu.
ton. The remarks Of the different mem.
bers shed but little light upon the real
question ct 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 10 10
discussing the provision that was adopted
In California. Mr.. Hslleck. who was In
favor Of the adoption Of tho lottery pro.
vision, In tho course Of his argument,
said /: "In nearly all the new Constitu-
tons you will and this clause. II was not
| contained 10 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 Mcintyre.
which involved not only individuals OF the
State In ruin, but was the occasion OF So
| rious embarrassment TO tho State Govern
ment itself. The result 90 clearly ostso.
lished the evils Of the lottery system thai
the Convention Of New York. in 1886. In.
serted . clause In the very frst article Of
the new Constitution lsee Section i0l
prohibiting lotteries and tho sale OF lot.
terry tickets. II appeared to him :
that this prohibition was ont OF the best
that could DO inserted In the article limit.
ing the powers Of the Legislature"
The language OF the 10th Section OF Ar
ticle / Of tho Constitution OF 1916, refer
red 10 by Mr.. Halleok IL a. follows : "Nor
shall any lottery hereafter DO authorized
or any sale Of lottery tickets allowed with
In this State"
In the Governors Of the Almshouse vs.,
American Art Union. supra. II was con
tended by Charles o'Connor. counsel fol-
the Art Union, a. IL IL here, that the Con
stitutiou was only intended 10 prevent the
mischievous practice Of raising . revenue
by public lotteries. which had been fol
many years In full vigor both In England
and In this country. and that tho prohibi
tons Of the Constitution were only directed
against this particular evil. He referred
TO the fact, a. do counsel here, that ''fron
100 to 1924 public lotteries were author
lied at every session Of Parliament" HI
also referred to tho debates OF the Consti'
~tutional Convention Of 1871, for the pur
pose OF showing that I" public lotteries fol
o...rv S~tS.a Ia q rnaana NJ ratainl
revenue were alone within the contemplA
ton OF that body"
The Constitution Of 1891 Is In thes'
words: "No lottery shall hereafter b
authorized In this State, and the Legis
lsture shall pass laws 70 prevent the sale o.
oil lottery tickets within this State excep'
In lotteries already provided for by law
The Court Of Appeals In referring to THU
Constitution, which 10 declared 10 DO sub
s~tsutially the same as the Constitution o.
1916, said: "This prohibition IL general
II must DO held TO embrace all lotteries
unless there be some very clover and salts
factory reason for understanding II In
moro limited sense. Il was urged upor
the argument that public lotteries for pc
cuniary PRICES ~ . means OF raising rev
enue were alone within the contemplation
Of the trainers OF the Constitution. Blu
lotteries have never been created withit
this State for the purpose Of general rev
enue, and there 10 therefore no ground fol
believing that the prohibition was In
tended to be limited TO lotteries for tina
object. This would have been restraining
. mischief which did not exist, and toler
sting that which did. Lotteries had beer
.,thori1sI hv tl,. z aoiaIs 90 ra for tha hAna
ft Of colleges, for the making OF roads, fol
the building Of bridges. for the improve
ment Of ferries. for the erection OF hos
pitfalls, and for various other purposes
equally commendable and beneficial. Al
these were clearly within the prohibition
The prohibition was not aimed ct the OBJ
jects for which lotteries had been author
lied, but at that particular mode OF accom-
plishing such objects. It Was founded or
tho moral principle that evil should not b
done that good might follow, and upon th.
more cogent practical reason that the evil
consequent on this pernicious kind oil
gambling greatly overbalsnced In thu
aggregate n good likely 70 result from
IL. The promotion Of the fine arts 10 nm
doubtedly Q commendable object, but thu
prohibition contains no exception In 1t.
favor on that ground. .
Tho intention Of the trainers Of the Con
stitution undoubtedly was 70 forbid the
future granting Of any such lotteries "
had ct any time previously beer autnor'
lied by law. and BY requiring the Lesis.
laturs 10 pass laws 70 prevent the sale o.
all lottery tickets, 10 put an end to 81
such distributions Of money or goods BY
iot mr. ch.nce A had theretoforo been for
hidden by statute under the name o.
private lotteries"
The argument that the words by thiI
State" were inserted for the purpose o'
preventing the Legislature from authoris
Ing public lotteries a. means OF raising
revenue. and that the provision was moi
intended to prevent the Legislature from
authorizing private lotteries. 10 wholly I'M.
tenable. No authority has been produced
In Its support and We are satisded tina
mono can be found.
In constituting this provision OF the Con
/ atitution tina Last sentenco N q important