Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-01

terry tickets In this State In direct viols-
ton Of tho plain letter and spirit Of this
provision Of tho Constitution. It would
be q perversiou Of the language Of the Con.
stitution to say that the Act u valid.
Respondents. however, contend that the
Constitution "does not prohibit private
lottsries, and was BY is trainers intended
only 10 prevent the Legislature from In.
yolvlng the btate In . systsn OF public
lotteries 10 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, - . State, from On.
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 tnforms-
ton.
In support Of this position they refer TO
the debates Of the Constitutional Conven-
tion 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 IL 10 proper 70
examine them In case Of doubt a. 70 the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different mem.
bers she'd but little light upon the real
question Of issue. They are - much In
favor Of the position taken By the Attorney
General - they are In favor Of the rsspon.
dents. The debates show that the Const-
tuition Of New York VA referred 70 In
discussing tho provision that was adopted
In California. Mr.. Hallsck, who was In
favor Of the adoption Of the lottery pro-
vision, In tho course OF his argument,
said: "In nearly all the now Constitu-
lions you will find this clause. Il was not
contained 10 tho old Constitution. but In
mott cases, where they have been
amended, 10 has been 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 remeinber
the famous case Of Yates and Mcintyre.
which involved not only individuals OF the
State In ruin, but was tho OCCASION OF So
rious embarrassment 10 the State Govern.
msnt itself. The result 90 clearly estsb-
lished tho evils Of the lottery system that
tho Convention Of New York. 10 1886, 10.
serted . clause In the very frst article OF
the new Constitution lsee Section l0l
prohibiting lotteries and the sale Of lot.
tery tickets. II appeared TO him
that this prohibition was one OF the best
that could DO inserted In the article limit.
ing the powers Of the Legislature"
The language Of the 10th Section Of Ar.
ticle I OF tho Constitution Of 1916, refer
red 10 by Mr.. Hslleck Ia ~ 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 con.
tended by Charles O'Connor, counsel for
the Art Union, a. IL IL here, that the Con-
stitution was only intended to prevent the
mischisvous practice Of raising Q revenue
by public lotteries, which had been for
many years In full vigor both In England
and In this country, aud that the prohibi.
tons Of the Constitution were only directed
against this particular evil. Ho referred
70 tho fact, Is do counsel here, that ''from
100 to 1874 public lotteries were author.
lied at every session Of Parliament" He
also referred to the debates Of the Consti.
tutional Convention Of 1921. for the pur.
pose Of showing that " public lotteries for
p~ecuniary prizes as Q means Of raising
revenue we're alone within the contempla.
ton Of that body"
Tho Consultation Of 1921 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 1t declared TO DO sub
stantially the same as the Constitution OF
1916, said: "This prohibition 10 general.
II must be held 70 embrace oil lotteries,
unless there be some very clever and salts.
factory reason for understanding 10 In Q
moro limited sense. II was urged upon
the argument that public lotteries for pc.
cuniary prizes 10 . means Of raising rev
enue we're alone within the contemplation
Of the trainers Of the Constitution. Bu,
lotteries have never been created within
this State for the purpose Of general rev
enue, and there II therefore no ground for
believing that the prohibition was In
tended 10 be limited TO lotteries for thai
object. This would have been restraining
Q mischief which did not exist, and toler'
ating that which did. Lotteries had been
authorized by the Legislature for the bens'
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 and beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed ct the OBJ
jeots for which lotteries had been author.
lied, but at that particular mode Of accom-.
plishing such objects. II was founded on
the moral principle that evil should not b.
done that good might follow, and upon the
more cosent practical reason that the evil
consequent on this pernicious kind OF
gambling greatly overbslsncsd In the
aggregate any good likely to result from
1t. The promotion Of the ane arts 10 I'M.
doubtedly 0 commendsble object but the
prohibition contains no exception In IL
favor ON that ground. .
The intention Of the trainers Of the Con.
stitution undoubtedly was TO forbid the
future granting Of any such lotteries a
had st any time previously been author
lied by law. and by requiring the Legis.
laturs 10 pass laws 70 prevent the sale Of
all lottery tickets, 10 put an end 10 oil
such distributions Of money or goods by
lot or chance - had thsrstofore been for.
hidden by statute under the name Of
private lotteries"
The argument that the words by this
State" we're inserted for the purpose oil
preventing tho Legislature from authoris
ing public lotteries - means OF raising
revsnus. and that the provision was moi
Intended TO prevent the Legislature from
authorizing private lotteries. 10 wholly nm.
tensble. No authority has been produced
In it, support and We are satishsd that
none can be found.
In constituting this provision OF the Con.
stitution the last sentence II - important
- tho FIRST.
II the trainers Of the Constitution had
intended by the use Of the words: mo
lottery shall DO authorized by this State"
10 only limit the legislative power 10 pub.
Ito lotteries, conducted and managed solely
BY the State for the purpose Of raising
revenue, they would not have used the
language they did In tho concluding zen.
tence. "Nor shall the sale Of lottery tick
cts be allowed" These words clearly
.hn. that a. ~su n.k toAnndad that anv