Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-13

csptibls Of bat one meaning. There Il no
room for construction. Nothing upon
which any real or substantial argument
can be based.
mo lottery shall bs authorized BY this
State, nor shall the sale Of lottery tickets
be allowed" (Const., Art, ". seo. a..
The Act In question attempts 70 author
lee . lottery. and 10 allow the sale Of lot
terry tickes IN this State In direct viola
ton Of the plain letter and spirit OF TIL!
provision OF the Constitution. II would
be . perversion Of the language Of the Con-
stitution 10 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 ~ Q means Of raising money for
the service Of the State" or, In Other
words, that this constitutional provision
was only intended 40 . 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 State. Hence they claim that the
State has the right 10 authorize private
parties 70 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 Oonyen-
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 q
judicial decision, but that IL 10 proper 10
examine them In case OF doubt % 10 the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different Nom.
bers shed but little light upon the real
question ct issue. They are - 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 tho course Of his argument,
said : "In nearly all the new Constitu-
tons you will fnd 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
EotcIouCo ueo uSou msuo ~ tuo SouAoo W
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 occasion OF So
rious embarrassment 10 the State Govern.
ment itself. The result 10 clearly estab-
lished the evils OF the lottery system that
tho Convention Of New York. 10 1896, In.
serted Q clause In the very arst article Of
tho new Constitution lsee Section l0l
prohibiting lotteries and the sale OF lot.
terry tickets. 1t appeared 10 him
that this prohibition was q OF the best
that could DO inserted In the article limit.
ing tho powers OF the Legislature"
The language Of the 10th Section Of Ar
ticle I OF the Constitution OF 1886. refer
red to by Mr.. Halleck II a follows : "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In tho Governors OF the Almshouse vs.
American Art Union. supra. IL was con.
tended by Charles O'Connor, counsel for
the Art Union, as II 10 here, that the Con.
stitution was only intended TO prevent the
mischievous practice Of raising Q revenue
by public lotteries, which had been for
many years In full vigor both In England
and In this country. and that the prohibi.
tons Of the Consultation were only directed
against this particular evil. He referred
to the fact, a. do counsel hero, that ''from
1909 to 1924 public lotteries were author.
lied at every session Of Parliament" He
also referred 10 the debates Of the Consti.
tutional Convention Of 1921, for the pur.
pose Of showing that % public lotteries for
pecuniary prizes a. . means Of raising
revenue were alone within the contempla.
ton Of that body"
The Constitution OF 1891 10 in these
words: "No lottery shall hereafter be
authorized in this State, and the Legis.
lature shall pass laws TO prevent the sale OF
all lottery tickets within this State except
In lotteries already provided for by law"
The Court Of Appeals In referring 10 this
Constitution, which II declared TO be sub
stantially the SAINT as tho Constitution OF
1876, said: "This prohibition 10 general.
Il must DO held 10 embrace all lotteries,
unless there be some very clever and salts.
factory reason for understanding II In q
moro limited sense. II was urged upon
the argument that public lotteries for Pc
cuniary prizes a. Q means OF raising rev.
niue were alone within the contemplation
Of the trainers Of the Constitution. But
lotteries have never been created within
this State for the purpose Of general rev.
enue. and there 10 therefore no 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.
ating that which did. Lotteries had been
authorized by the Legislature for the bene.
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 aud beneficial. All
these were clearly within the prohibition.
The prohibition wss not aimed ct the OBJ.
jects for which lotteries had been author.
lied, but ~ that particular mode OF accom-
plishing such objects. It was founded on
the moral principle that evil should not DO
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 tho
aggregate any good likely 10 result from
IL. The promotion Of the ine arts 10 IN.
QOuDtt0ly y COmuleuubUio OUl0ctp Uut tuo
prohibition contains no exception In Its
favor ON that ground. =
The intention Of the trainers Of the Con.
stitution undoubtedly was to forbid the
future granting Of any such lotteries %
had at any time previously been author
ICED by law. and by requiring the Legis.
lsture 10 pass laws 10 prevent the sale Of
all lottery tickets. TO put an end to all
such distributions Of money or goods BY
lot or chance a. had heretofore been for.
hidden BY statute under the name Of
private lotteries"
The argument that the words "by this
State" were inserted for the purpose Of
preventing tho Legislature from authoris
ing public lotteries - . means OF raising
revenue. and that the provision was not
intended 70 prevent the Legislature from
authorizing private lotteries, 10 wholly I'M.
tsnsble. No authority has been produced
In it, support and 10 are satished that
none can be found.
In constituting this provision Of the Con.
~stitution the last sentence u - important
-