Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-05
GOLD HILL STOREY CO.. 1851

It has the essential elements and attri
butes Of Q lottery; the distribution Of prizes
By chance. lis lottery within ths dsin.
ition given In the dictionaries; it 10 lot.
terry according 70 the ordinary accrptation
Of that word IL 10 . lottery within the
terms specified BY the Legislature OF thia
State In the "Act to prohibit lotteries :"
fstat., 1878, 1851; IL Il lottery within the
meaning Of that word - used in the Con-
stitution.
sscoud-Is the Act approved March ..
1881. constitutional
This question 10 - clear and plain to
our minds - the one already decided. II
will not admit Of any reasonable doubt.
The Language Of tho Constitution 10 sus.
c<ptible Of bat one meaning; There 10 no
room for construction. Nothing upon
which any real or substantial argument
can be based.
.No lottery shall be authorized BY this
State. nor shall ths sale Of lottery tickets
bs allowed" fConst.. Art, Nv. Seo. N.l
The Act In question attempts TO author'
ise lottery, and to allow the sale Of lot
terry tickets In this State In direct viola-
ton Of the plain letter and spirit OF this
provision OF tho Constitution. IL would
be perversion Of the language Of the Con.
ssitutiou to say that the Act To vsii1.
Respondents. however, contend that the
Consultation docs not prohibit privsts
lottsriss, and vas BY is trainers intsnded
only to prevent tho Legislature from IN.
volving the State In . system OF public
lotteries ~ means Of raising money for
s,aS VIZ ~, ,h,s consti.n,ion,i provsion
81. ;",sndsa :. : iimit,tion Of power
w. n.".s,. .Sy ,hs S,s,e "A a sts.e. from en-.
p;nn pv,v ~ rnb,in io,,sriss Tor tbs purpose
% r.;e;ne mssns Tor the general revenue
~ a.. a,s,s Tsnca tLsv claim that the
S,.. w Ss. .hs r;.ht N authorize priystu
S ns,,;.. 10 40 oondnns ana carry on = lottery
- az .s.sso,sr s,ao;aad I'm tl,e informs.
y. ~. .Ao 'r
aya' =, All. ,,,s,,;o, thav ra,er IN
,.s.hp yhspp, =, 81 ~" GI,ns,,,ntion,i Con ven.
~, ~ Cs,,s.,.rIs :, MN ths adontion of .
nrn,;sion IN ,ha Consti,ution of that ststs
identical vith ours. II Ia not claimed
that these debates have tue weight OF q
Judicial dsoisIon. but that IL IL proper to
.r.mina thsm In casa Of doubt N TO the
in,sn,ion m tba srsmsrs Of the Coustitu.
,ion Ths rsm,rk, of the diff.rent mem
hsrs .hsd hn, Ii,,ls iight upon the real
onsstion AZ issne. They ara "A much ip
1'vor M the nosition t,ien bv tbe Attorney
Gsner.I ss t6sv are In favor of the rcspon.
drnts. The debstes show that the Consti.
tuition Of New York was referred to ip
discussipg the provision that WAS adopted
in California. Mr.. Halleck. who was in
favor Of tho adoption Of the lottery pro.
vision, In the course OF his argument,
ssid "In nearly all the new Constitu.
tions 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. 70 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 oi the
State In ruin, but was the o'oasion OF ~.
rious embarrassment TO the State Govern.
ment itself. The result 20 clearly estab-
lished the evils Of tho lottery system that
the Convention Of New York, In 1876. In.
serted . clause in the very hrst article Of
the new Constitution zee Section l0l
prohibiting lotteries aud re sale Of lot.
TRY tickets. ~ sppsarsd 70 nim 49,,
that this prohibition Was one OF the pest
that could % inssl.eo 10 tne AluV,s h"'''
ing tne powers VI 'ne ~. u
The language Oh tne io'n ssSaon a,S o' ar
ticle ! Of tue Consutution o. iote, RIVER
red to by Nj. Haiieek 10 - toiiows: "Nos
shall any lottery hereafter DO authorized
OF any sale Of lottery tickets allowed with
In this State"
In the Governors OF the Almshouse W.
American Art Union. supra, u was con-
tended BY Charles oConnor, counsel ior
the Arr Union' 40 ~ 10 mere tnst tne Con
stitution was only intended 70 prevent tne
misehievous pracuce oi Insins svelue
oy puoiic ioseries, Nol0u nsa yeen W
many years IN iu'i Vi9or Do'n 10 Englana
aud In this country anu tnat the pionioi,
tons Of the eConsutution were only oi.ecsea
against this particular svh. ne reisIeu
" the TACT. ~ DO counsel mere, tnas !.om
l7O9 to 1874 public lotteries were autnor'
lied at every session OF fsritsmen. nc
also referred to the debates OF the Consul
tutional Convention Of lozi' ior the pur.
pose OF showing that " puoiio iotseries ios
pecuniary prizes Is means oi lssins
revenue were alone Witnin Tue consouPiA
ton Of that body.
The Constitution OF 1871 10 10 tness
words: "No lottery shall hereafter 90
authorized in this State, and the Lesis.
lsture shall pass laws 70 prevent the sale OF
all lottery tickets within this State except
In lotteries already provided for by law"
The Court Of Appeals In referring. TO this
which 1t declared to DO suo.
stautially the same IS the Consultation Of
l8i6, said: "This prohibition 10 general.
Il must be held TO embrace all lotteries,
upl..s there be some very clover and salts.
factory reason for understanding IL in .