Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-29

II has the essential elements and attri.
butes Of Q lottery; the distribution Of prizes
by chance. Il Il lottery within the dstln-
ition given In the dictionaries IL 10 . lot.
tsry according 70 the ordinary aoceptation
Of that word u 10 lottery within the
tsrms specified BY the Legislature OF this
Stats In tho "Aot 10 prohibit lottsriee I"
Istst., 1878, 1851; 10 Il . lottsry within the
meaning Of that word - used In the Con.
sutution.
Second is the Act approved March o.
1881, constitutionalf
Z This question II q olssr and plain 70
our minds a. the one already decided. 1t
will not admit Of any reasonable doubt.
The language Of the Constitution u sus.
osptible Of but one meaning. There 10 no
room for construction. Nothing upon
which any real or substanhL Argument
can be based.
y" No lottsry shall be authorized BY this
State, nor shall the sale Of lottsry tickets
bs allowed" (Const.. Art. Nv. Beo. -. ]
The Act In question sstsmpn % antnor'
iss lottery. and 70 allow the sale Of lot.
tsry tickets In this State In direct viola
tion Of ,hs plain letter and spirit OF this
provision .of the Constitution. 10 wouid
b pestersion Of the language OF the Con-
stltution to say that the Act 10 valid.
Respondents. however, contend that the
Consultation "does not prohibit private
lotteries, and was BY IL trainers intsnded
only to prevent the Legislature from 10.
volvlng the State In Q system OF public
ths ssr,;cs N ths at.ts." or. In other
~o,ds. thst th,s oon,ti itutiousi proyision
~ onIv intended a. 4 Limitation Of power
IA nrevsnt ~ 9tate. A 4 State, from en-.
saxing in publio lotteries for the purpose
of rsisins msaps for the general revenue
Of tbs ats.e. Hsnoe they claim that the
stsse - The risht 10 authorize private
nsrties 10 conduct and carry on alottsry
of ths oharsotsr specified In the iniorms.
ton.
In snpport of this positIou they refer 70
,hs dsbs,ss Of The C5ustitu tionai Couvsn.
don In California upon the adoption Of .
nrovision IN ths Oonstitutiou OF that State
idsntioal vtth ours. Il 10 not claimed
that thea debates have the weight Of q
iudieisl dsciaiou, bat that Il 10 proper To
sxsmins them In case Of doubt a TO the
iuten tion Of the trainers Of the Constitu.
lion, 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.. 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 Oonstitu-
lions you will fnd this clause. Il Was not
contained in the old Constitution, but In
most cases, where they have been
amended. IL has been introduced. In the
old Constitution Of New YORK. TO which
reference has been made IN the course OF
debate. no prohibition va. 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 o,oasion Of So
rious embarrassmentt 70 the state Govern
ment itself. The result DO clearly estao.
lished the evils Of the lottery sys!sm tnst
the Convention Of New fork. IN ioso, IN,
serted . eisnse IN tne very n,s' % nuo'e ~, y,
the new Consu.9uon lseo oeV.ou i.l
prohibiting iosteries ana me sac Oh ios.
xry nokeu. ~ spPeafea 70 nun
that tbi. prohibition va, one o. the best
that could oe inserted IN ine Article limit
Ing the powers OF tne Leeisia,ure.
Inc language OF ,ne ,oIn secooa oe oI AT
ucls OF Tue gonsututlon OF ioio, ieist-
RED 70 oy H. haiieok u ~ toiioWs: NO,
shall any lottery nereaIseI % auInori.ea
OF any SAFE o. iosseFy u'Ass aaio"so "i.a'
IN tni, otsN.
10 tne Governors OF .ne Aimsnouse w.
american Aas vnion, suPla, " W Svu.
tendeo py Gnsries vConnor, counsec 'of
tne ATT Union, - " ~ mere .ns. .ne oCn'
sntunon Wss only iusnoea 70 Prevent sno
mischievous practice OF raising . revenue
BY public lotteries, which bad been Tor
many years In fuii ViHor DOM 10 Englana
aud In this country, and that the prohibi.
tioas OF the Constitution were only oirsotea
Against TINS PafucuIAf S,I. ne .eisrtep
70 the fsct, ~ 90 counsei nere, Inas "!.om
l7o9 to 1874 public iotssries were autn9r.
iIed at every session OF fafhamen. no
also referred TO tne dsoatss OF tne Consn'
tutional Convention OF Isxl' ior tne pur'
p0se OF showing that "puolic lotteries ior
peouniary prizes ~ Q means Of raising
revenue we're 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 % prevent the sale OF
all lottery tickets within this state exoept
in lotteries already provided Tor by lav.
The Court Of Appeal. In referring 70 this
Constitution, which II declared to be sub.
stautislly the same - the Constitution Of
l8ie, said: "This prohibition 70 general.
Il must b held TO embrace oil lotteries
unlsss thsrs be some very clever and sath'