Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-10

II has the essential elements and attri'
butes Of . lottery; she distribution Of prizes
by chance. It's lottery within the dsdn'
ition given In the dictionaries IL II . lot.
tery according 70 the ordinary aeceptation
Of that word II u . lottery within the
terms specified by the Legislsture Of thi.
State In the "Act 70 prohibits lstteries u
.IStst., 1878, 1851; 10 10 . lottery within The
meaning Of that word - used In the Con
sttutien.
secoud-Is the Act approved March Q,
1881. constitutionAf
This question II a. clear and plain %
our minds q the one already decided. II
will not admit 6i any reasonable doubt
The language Of the Consultation II sus.
o<ptIbls Of bot one meaning. Thsrs 10 no
room for construction. Nothiag upon
which any real or substantial argument
can be based.
"No lottery shall bs authorised BY this
State, nor shall the sale Of lottsry ticket.
be allowed" fConst., Art, Nv. Bee. ~.
The Act In question attempts 70 author
ise . lottery. and 10 allow the sale OF lot
terry tickets In this State In direct viola
tion Of the plain letter and spirit Of this
provision Of the Constitution. 1t would
be 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
lottsries, sad Was By its trainers intended
only to prevent the Legislature from In
volving the State ip . 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 10 Limitation OF power
10 prevent the State. - . 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 70 authorise private
parties TO conduct,and carry on lottery
Of the character specified In the informa.
ton.
In support Of this position they refer 10
the debates Of the Constitutional Conven-
ton In California upon the adoption Of .
provision II the Constitution OF that State
Identical With ours. IL is mot claimed
that these debates have tue weight OF .
Judicial decision. bpt that IL IL proper y
examine them In case Of doubt ~ 70 the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different mem
bers shed bus little light upsn the real
question at issue. They are ~ much In
favor Of the position taken BY the Attorney
General a. they are In favor OF tho respan.
dents. The debates show that the Consti.
tuition OF New York Was referred to In
discussing the provision that was adopted
In California. Mr.. Hslleck. 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-
tons you will find this clause. II was not
contained In the old Constitution. but In
most cases, where they have been
amended. u has been introduced. In the
old Consultation Of New York. 70 which
reference has been made In the course Of
debate. no prohibition WAS inserted.
Many gentlemen present would ronismber
the famous case Of Yates and Mcintyre
which involved not only individuals Of the
Stats In ruin. but was the o,casion OF Do.
rious embarrassment to the State Govern.
ment itself. The result 20 clearly estsb.
lished tho evils Of the lottery system that
the Convention Of New York. In i8lo, In.
serted clause In the very first aytiels Of
the new Constitution sso Section 10
prohibiting lotteries and the sale Of lot.
TRY tickets. II appeared 10 him
that this prohibitson was one Of the best
that could be inserted In Me article limit.
ing the powers Of the Legislature"
The language Of the iTth Section Of Ar
tiole Of the Constitution Of 1916. refer
red to 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 oen.
tended by Charles O'C0nnor. counsel for
the Art Union, a. 10 u hero, that the Con.
stitution was only intended TO prevent TIE
misehisvous practice OF raising revenue
by public lotteries. vhich had been for
many years In full vigor both in England
aud in this country, and that the pslaIibi.
tions Of the Constitution were only directed
against this particular evil. He referred
70 the fact, a. do counsel here, that "from
1903 to 1924 public lotteries were author.
lied at every session Of Parliament" He
also referred to the debates Of the Consti.
tutional Convention OF 1871. for ths pur-
pose Of showing that "public lotteries for
...i... ,.is.. a. . rna.n. NJ vsi,iug
pecunlAfy ps,.s,a pliys e.us az ..n..nsn,a ~
revenue we're .ons "''nin 'ns osa'snP'A
ton OF tnat oooy, ,oo, :. !. 49,.
The Censsitaton oI ioIi 10 IN .neso 20
words: mo ioitery snaii neteAHt 70
authorized 10 tnis o'Ase, ana tns kssn,,
i.turs shall psa AVA 70 p.e,ens u. .ae - , y,
AL lottery tickets W,'nin a tnis S.s yI.0ePs. -
10 lotteries nIssoy Pr1.iaeI ~, =! IN IN.
Inc % voui. oi Appen; en =, - d.o,.r.d % - hs .nh. nh.
Soasiusivn, ...,'. .h ..ma =. ,hs Con.stution NJ
,aa''siy ,S,s a. ~. "TS;. % nrosih,,ion 4. ssnsrsl
ioio, s.iu Ia ;, P Psush..ss al ,os.sris.
~ mus. ~ ne,u W ~. 49,. .nS ..,i.'
unless tuero W soHo 'oty ois'ei 49,