Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-19

butes Of lottery; the distribution OF prizes
bv chance. Il u Q lottery within the ds6n'
ition given In the dictionaries; 10 10 . let.
tery according 10 the ordinary soceptation
Of that word 10 II . lottery within the
terms specified BY the Legislature Of thia
State In the "Act TO prohibit. lsttsriee "
Istat., 1878, 1881; 10 10 . lottery within the
meaning Of that word - used In the Con-
sutution.
second-Is the Act approved March 8.
1881. constitutional
This question 10 - clear and plain 70
our minds q the one already decided. II
will not admit Of any reasonable doubt.
The language Of the Constitution II sus.
osptlble Of bat one meaning. There is no
room for construction. Nothing upon
which any real or substantal argument
can Be based.
No lottery shall bs authorised BY this
Shts, nor shall the sale Of lottery tickets
be allowed" [Const.. Art. ~. Seo. ~.
The Act In question attempts 70 author
iss q lottery, and 10 allow the sale Of lot.
tsry tickets In this State In direct yiols-
tion Of the plain letter and spirit OF this
proyision OF the Constitution. II would
bs psrversion Of the language OF the Con
sttution 70 say that the Act 10 valid.
Respondents, however. contend that the
Constitution "does not prohibit private
lotteries. and was BY its trainers intended
only TO prevent the Legislature from In.
volving the State In . system Of public
lotteries a. means Of raising money for
the service Of the State" or. In other
words, that this constitutional provision
was only intended a. Limitation Of power
to prevent the State. - . State, from en-
gazing in public lotteries for the purpose
Of rsising means 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 informa-
ton.
In support ofthis position they refer 10
the debates Of the Constitutional Conven-
ton In California upon the adoption OF .
provision in the Constitution Of that State
identical with ours. II 10 not claimed
that these debates have the weight Of .
judicial decision, but that 10 Ia proper to
examine them In case OF doubt ~ to the
inteution OF the trainers Of the Constitu.
tion. 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 10 In
discussing the provision that was adopted
In California. Mr.. Halleck. who was In
favor Of the adoption Of the lottery pro.
II. L.. Akn Al hta trra NJ
said: "In nearly all the new Censtitu.
tions you will and this CLAUSE. II 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. to 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 o,oasion OF 70.
rious embarrassment TO the State Govern
ment itself. The result 20 clearly estab-
lished the evils Of the lottery system that
the Convention Of New York. 10 1876. In.
serted clause In the very first article Of
the new Consultation SEQ Section l0l
prohibiting lottsriss and the sale Of lot.
tery tickets. II appeared TO Him
that this prohibition was one Of the best
that could be inserted In the article limit.
ing the powers Of the Legislature"
The language Of the 10th Section of Ar
ticls OF the Constitution OF 1886. refer
red 10 by Mr.. Hslleck 10 ~ 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 ".
American Art Union, supra. IL was con.
tended by Charles O'Connor. counsel for
the Art Union, a. IL 10 here. that the Con.
stitutiou was only intended 70 prevent the
mischisvous practice Of raising revenue
by public lotteries. which had been for
many years In full vigor both In England
and In this country, and that the prohibi.
tious Of the Constitution were only directed
against this particular evil. He referred
70 tho fact. a. do counsel here, that "from
i70s to 1874 public lotteries were author
lied at every session Of Parliament" He
also referred to the debates Of the Cousti.
tutioual Convention Of 1871, for the pur.
pose Of showing that "public lotteries for
pecuniary prizes a. . means OF raising
revenue were alone within the oontempla.
ton Of that body"
Tho Constitution Of 1891 10 In these
words: "No lottery shall hereafter be
authorized In this htste. and The Legis.
laturs shall pass laws 70 prevent the sale OF
eli lottery tickets within this State except
in lotteries already provided for by law"
The Court Of Appeals In referring 70 this
Constitution, which IL declared to be sub.
stantially the same - the Constitution Of
isi6, said: "This prohibition 10 general.
II must be held TO embrace all lotteries.
unless there be some very clever and satis'
factory reason for understanding 10 In .
more limited sense. II was urged upon
the argument that public lotteries for Pc
cuuiary prizes - . means Of raising rev.
enus we're alone within the contemplation
Of the trainers Of the Constitution. Bot
lotteries have mover been created within
this State for the purpose OF general rev.
snue. and there 10 therefore no ground Tor
believing that the prohibition was In.
tended 10 be limited TO lotteries for that
object. This would have been restraining
mischief which did not exist, and toler'
sting that which did. Lotteries had been
authorized by the Legislature for the bens'
At Of colleges, for the making Of roads, for
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. All
these were clearly within the prohibition
The prohibition wss not aimed at the OBJ
jects for which lotteries had been author
ized, but at that particular mode Of accom-.
,,li.h,n0 au,h obisota II vna founded ON
the moral principle that evil should not bt
done that good might follow. and upon the
more cosent practical reason that the evil
consequent on this pernicious kind oi
gambling greatly overbalsnced In the