Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-06

csptible Of but one meaning. There II NO
room for construction. Nothing upon
which any real or substantial argument
can be based.
mo lottery shall be authorized by this
State, nor shall the sale Of lottery tickets
b allowed" tConst., Art, Nv. Seo. H..
The Act In question attempts TO author
ixe Q lottery. and TO allow the sale OF lot
tory tickets In this State In direct viola
ton OF the plain letter and spirit OF tnis
provision Of the Constitution. II would
be = perversion Of the language Of the Con-
stitution 70 say that the Act 10 valid.
Respondents. however, contend that the
Constitution "does not prohibit private
lotteries, and was by It, trainers intended
only. 70 prevent the Legislature from In.
yolving the State In . System Of public
lotteries a. . means Of raising none, for
the service Of the State or, In other
words. that this constitutional provision
was only intended - . Limitation OF power
70 prevent tho 6tate, - . State, from en-
gazing In public lotteries for the purpose
Of raising means for the general revenue
Of the State. Hence they claim that the
State has the right TO authorize private
parties 10 conduct and carry on . lottery
Of the character specified In the Informs
ton. bra,, v f
In support Of this position they refer to
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 IL proper TO
examine them In case Of doubt % 70 The
intention Of the trainers Of the Constitu-
ton. The remarks OF the different mem.
bers shed but little light upon the real
question ct issue. They are a. much In
favor Of the position taken BY the Attorney
General 90 they are In favor OF tho respon-
dents. The debates show that the Consti-
tuition Of New York was referred TO In
discussing the provision that was adopted
In California. Mr.. Hallock, who was in
favor Of the adoption Of the lottery pro.
said : "In nearly all the new Constitu-
tons you will hnd this clause. II was not
contained In the old Constitution, but In
most cases, whore 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 tho
State In ruin, but was tho occasion OF So
| rious embarrassment 10 tho State Govern
ment itself. Tho result 90 clearly estsb-
lished tho evils Of tho lottery system that
the Convention Of New York, In 1886, In.
serted . clause In the very frst article Of
the new Constitution lsee Section l0l
prohibiting lotteries and the sale OF lot.
terry tickets. It appeared 10 him
that this prohibition was q OF tho best
that could be inserted In the article limit.
ing the powers Of the Legislature"
The language Of the 10th Section OF Ar
ticls I OF tho Constitution Of 1886, refer
red TO by Mr.. Hslleck Ii 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 ".
American Art Union. supra, 1t was con.
tended by Charles O'Connor. counsel for
stitution WA only intended 10 prevent the
by public lotteries, which had been for
many years In full vigor both In England
aud In this country. and that the prohibi.
tons Of the Consultation were only directed
against this particular evil. He referred
10 the fact. a. do counsel here, that ''from
l709 TO 1874 public lotteries wore author
lied at every session OF Parliament" He
also referred to the debates Of tho Consti-
tutional Convention Of 1871, for the pur.
pose Of showing that public lotteries for
pecuniary prizes as . means Of raising
revenue were alone within the contsmpla-
ton Of that body"
Tho Constitution Of 1871 IL In these
words: "No lottery shall hereafter be
authorized In this State. and the Legis.
lsture shall pass laws 10 prevent the sale OF
all lottery tickets within this State except
In lotteries already provided for by law"
The Court Of Appeals In referring TO this
| Constitution, which 10 declared TO DO sub
stantislly the same a. the Constitution OF
1916, said: "This prohibition 10 general.
II must DO held TO embrace all lotteries,
unless there be some very clever and salts.
factory reason for understanding II In q
more limited sense. II was urged upon
the argument that public lotteries for pe-
ouniary prizes a. . means OF raising rev.
enue were alone within tho contemplation
Of tho trainers Of the Constitution. But
lotteries have never been created within
this State for the purpose OF general rev
euue, and there Ia therefore nc ground for
believing that tho prohibition was In.
tended TO 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 bene.
1T Of colleges, for tho making Of roads, for
tho building Of bridges, for the improve
ment Of ferries, for the erection Of hos.
pitfalls, and for various other purposes
equally commendable aud beneficial. All
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. 1t was founded on
the moral principle that evil should not be
done that good might follow, and upon the
more cosent practical reason that the evil
consequent on this pernicious kind Of
gambling greatly overbalsnced In the
aggregate any good likely TO result from
IL. Tho promotion Of the hno arts IL un.
doubtedly . commendable object, but the
prohibition contains NO exception In its
favor on that ground.
The intention Of the trainers Of the Con.
~stitution undoubtedly was 70 forbid the
future granting Of any such lotteries ~
had ct any time previously been author.
lied by law. and by requiring the Legis.
lsture 10 pass laws 70 prevent the sale Of
all lottery tickets, to put an end TO oil
such distributions Of money or goods by
lot or chance a. had heretofore been for.
hidden BY statute under the name oil
private lotteries"
Tho argument that the words by this
State" were inserted for the purpose oil
preventing the Legislature from suthoriE
Ing public lotteries asa means Of raising
revenue. and that the provision was moi
intended 10 prevent the Legislature from
authorizing private lotteries. 10 wholly nm.
tenable. No authority has been produced
In Its support and we are satisied thai
none can be found.
.--t.- Ali. --1-t.t1- - Aha nnn.