Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-21

AZ hxxkAs IA OAs04 W
II has the essential elements and sttri.
butes Of lottery; the distribution Of prizes
by chance. Il IL . lottery within the dsin-
ition given In tho dictionaries; 10 10 lot
tery according 70 the ordinary ioosptation
Of that word !; 10 II . lottery within the
tsrms specified BY the Legislature OF this
State In the "Act TO prohibit lotteries !"
Isat., 1878, 1851; 10 q lottsry within The
meaning Of that word - used In the Con-
sutution.
sscond-Is The Act approved March o.
1881, constitutionalf
This question Il - clear and plain 70
our minds - The one already decided. 1t
will not admit Of any reasonable doubt
The Language Of the Constitution 10 sus.
osptibls Of bat one meaning. There u no
room for construction. Nothing upon
which any real or substantial argument
can be based.
"No iottsry shall bs authorised By this
State, nor shall ths sale Of lottsry uckst.
BE- allowed" Const., Art, Nv. Seo. a.
The Act In question attempts TO author
In lottery, and 70 allow the sale OF lot
tsry tioksts In this State In direct yiola-
tion Of the plain letter and spirit OF this
proyision Of the Constitution. II would
Be- 4 peryersion OF the language Of tho Con.
stitutiou 70 cay that the Act 10 valid.
y Respondent, howsver. contend that the
Constltution !" does not prohibit private
lotteries, and vas By It. trainers intended
only to prevent the Legislature from In.
volving the Stats In system Of public
lotteries q means Of raising money for
the service Of the State" or. In other
words, that this constitutional provision
was only intended - . Limitation Of power
70 prevent the State. - Q State. from en-.
gazing in public lotteries for the purpose
Of raising means for the general revenue
Of the Stats. Hence they claim that the
State has tho right 70 authoriss private
parties TO conduct and carry on lottery
Of the character specified In the informa'
ton. =
In support Of this position they refer 70
the debates Of tho Constitutional Conyen-
tion In California upon the adoption Of .
provision In the Constitution OF that State
identical with ours. II u not claimed
that thess debates have the weight Of .
Judicial decision. but that 10 10 proper 70
examine them In case Of doubt a 70 the
intention Of the trainers Of the Constitu.
tion. The remarks Of the different mem.
bsrs shed but little light upon the real
question at issue. They are a. much In
favor Of the position taken BY tho Attorney
General % they are In favor Of the respon-
dents. The debates show that the Consti.
tuition Of New York was referred 70 tn
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 Constitu-
lions you will fnd this CLAUSE. Il was not
contained In the old Consultation. but In
most csses, where they have been
amended, u has been introduced. In the
old Consultation Of New York. 70 which
retsyencs 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 Be-
rious embarrassment to the State Govern.
ment itself. The result % clearly estab.
lished the evils Of the lottery system that
the Convention Of New York. 10 l6l6, 10:
serted Q clause In the very first article Of
the new Constitution SEQ Section l0l
prohibiting lotteries and the sale Of lot.
iery ticksts. II appeared 10 him . .
that this prohibition vas one Of the best
that could be inserted In the article limit.
ing the powers Of the Lsgislaturs."
The language Of 'te 10th Section Of Ar.
ticle Of the Consultation Of 1886, refer.
red TO by Mr.. Hslleok II - iollows: "Nor
shall any lottery hereafter be authorised
or any sale Of lottery tickets allowed With.
In this State"
In the Governors Of the Almshouss ".
American Art Union. supra. II was con.
tended BY Charles 0'Connor. counsel for
the Art Union, - II 10 here. that the Con.
stitution 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 ce lntry. and that the prohibi.
tions Of the Constitution were only directed
against this particular evil. He referred
70 the fact, q do counsel here, that "from
1908 10 1874 public lotteries we're author.
ixsd at every session OF Parliament" He
slso referred TO the debates Of the Consti.
tutionsl Convention Of 1871, for the pur.
pose Of showing that "publio lotteriss for
pecunisry prizes - means OF raising
revenue we're alone within the contsmpla-
tion Of that body"
The Consutu,iou Of 1871 Il In these
words: "No lottery shall hsrsaitsr be
authorised In this State. and the Legis..
laturs shall pass laws 70 prevent the sale Of
all lottery tickets within this sah e1oept
In lotteries already provided for BY law"
The court Of Appeals In rsfsrring 70 this
Constitution, which IL declared to % SUB.
stantislly the same - the Consultation OF
isIs, said: "This prohibition 10 general.
Il must be held 70 embrace ell lotteries,
unlsss there bs some very clever and salts
factory reason for understanding u in .
more limited sense. II Was urged upon
the argument that public lotteries for Pc
cuniary prizes - Q means OF raising rev.
euue we're alone within tie contemplation
Of the trainers Of the Constitution. Bat
lotteries have never been created within
this State for the purpose Of general rev.
snus, and there 10 therefore no ground for
believing that the prohibition was In.
tended 70 be limited TO lotteries for that
object. This would have besn restraining
I mischief which did not exist. and toler'
sting that which did. Lotteries had been
authorized By the Leglslature for the bene'
a. Of colleges, for the making OF roads, Tor
the building Of bridges. for the improve
ment Of ferries. for the erection Of nos.
pltals, and for various other purpose:
equally commsndabls and beneficial. AL
these we're clearly within the prohibition.
The prohibition WAS not aimed at the OBJ.
jects for which lotteries had been suthor'
lied, but at that particular mode Of scoom.
plishing such objects. II WAS founded on
The moral principle that evil should not DO
done that good might follow. and upon the
more oogent practical reason that the evil
consequent ON this pernioious kind Of
rambling greatly ovsrbalanced In the
Aggregate any good likely 70 result from
a. Tba urounotiou Of the dn0 arts In no.