Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-25

"No lottery shall be authorized BY this
State, nor shall the sale Of lottery tickets
be allowed" (Const., Art, ~. Seo. "a.
The Act In question attempts 70 author
ixe q lottery. and 10 allow the sale OF lot
terry tickets In this State In direct viola.
ton Of the plain letter and spirit Of this
provision Of the Constitution. It would
be q perversion Of the language OF the Con-
stitution to say that the Act 10 valid.
Respondents. however, contend that the
Constitution docs not prohibit private
lotteries, and was BY its trainers intended
only to prevent the Legislature from In
yolving the State In . system OF public
lotteries ~ . means Of raising money for
the service Of the State" Or, In other
words, that this constitutional provision
was only intended - . Limitation Of power
to 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 TO authorize private
parties TO oonduot and carry on . lottsry
Of the character specified In the Informs
ton.
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. Il 10 not claimed
that these debates have the weight Of .
Judicial decision, but that 10 10 proper 70
examine them In case OF doubt % TO tbs
intention Of the trainers Of the Constitu.
ton. The remarks OF the different nom.
bers shed but little light upon the real
question ut issue. They are "a much In
favor OF the position taken by the Attorney
General % they are In favor Of tho respon.
dents. The debates show that the Consti-
tuition OF New York was referred 70 10
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-
tons you will lnd this clsuse. II was not
contained 10 the old Constitution. but In
most cases, where they have been
amended, IL has boon introduced. In the
old Constitution Of New York, 10 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 Ia ruin, but wss the occasion OF So
rious embarrassment TO the State Govern
ment itself. The result so clearly estab-
lished the evils OF the lottery system that
the Convention Of New York, In 1886, In.
serted . clause In the very frst article OF
the new Constitution lsee Section lOl
prohibiting lotteries and tho sale OF lot.
t.ry tickets. 1t appeared 10 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 tho 10Th Section OF Ar.
ticle I OF the Constitution Of 1886. refer
red to by Mr.. Hslleck 10 as 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 vs.
American Art Union, supra, IL was con.
tended by Charles U'Connor. counsel for
the Art Union, a. II 10 here, that the Con.
stitution was only intended TO prevent the
mischievous practice Of raising . revenue
by public lotteries. which had been for
many years in full vigor both In England
aud In this country, and that the prohibi.
lions Of the Constitution were only directed
against this particular evil. He referred
TO the fact, a. do counsel here, that ''from
1909 TO 1924 public lotteries were author
lied ct every session Of Parliament" He
also referred to the debates Of the Consti.
tutionai Convention Of 1921. for the pur'
poss Of showing that public lotteries Tor
pecuniary prizes as Q means Of raising
revenue were alone WITHIN the contemplA'
ton Of shat body"
The Constitution OF 1921 10 In these
words: "No lottery shall hereafter be
authorized in this State, and the Legis.
lsture shall pass laws to prevent the sale oil
all lottery tickets within this State except
in lotteries already provided for by law"
The Court Of Appeals In referring to this
Constitution, which IL declared to be sub.
stautially the ssme a. the Constitution OF
1916, said: "This prohibition 10 general.
Il must be held TO embrace oil lotteries,
unless there be some very clever and salts.
factory reason for understanding IL In q
more limited sense. It was urged upon
the argument that public lotteries for Pc
cunisry prizes a. . means OF raising rev
enue 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
-nue. 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
o mischief which did not sxist, and toler'
sting that which did. Lotteries had been
authorized by the Legislature for the brne:
1T 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 commondsble and beneficial. All
these were clearly within tho prohibition.
The prohibition was not aimed at the OBJ
jects for which lotteries had been author.
lied, but ut 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 overbalanced In the
aggregate any good likely to result from
L.. The promotion Of the fne arts 10 IN.
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 10 forbid the
future granting Of any such lotteries a
had at any time previously been author.
lied by law. and by requiring tho Legis.
lsture to pass laws 70 prevent the sale Of
all lottery tickets. TO put an end. to all
such distributions Of money or goods by
lot or chance as had Heretofore been for.
hidden by statute under the name oi
nriv.ta lottariea
The argument that the words "by this
State" were inserted for the purpose OF
preventing tho Legislature from suthoriz
ing public lotteries q . means OF raising
revenue. and that the provision was not
intended to prevent the Legislature from
authorizing private lotteries, Ia wholly IN.
tepable. No authority has been produced
iu Its support and We arc satisfied that
none can b. found.
In constituting this provision OF the Con.
stitution tho last sentence is - important
as the first.
II tho trainers Of the Constitution had
intended by tho use Of the words: Ono
lottery shall be authorized by this State"
TO only limit the legislative power TO pub
lic lotteries. conducted and managed solely
r. Az as.s- e.. AL. - ~Asaf.1