Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-09

0AJ ssA.~ sAA jaw AZ oiLout Viva
ton Of the plain letter and spirit Of this
provision OF the Constitution. II would
be . perversion Of the Language Of the Con-
sttution TO say that tho Act l. valid.
Respondents, however, contend that the
Constitution "does not prohibit private
lotteries, and VA BY ih 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 a. . 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 10 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 q
provision 10 the Constitution Of that State
Identical with ours. II 10 mot claimed
that these debates have the weight OF q
Judicial decision, but that II 10 proper TO
examine them In case OF doubt - 10 the
intention Of the trainers Of the Constitu.
tion. The remarks Of the different mem.
bers shed but little light upon the real
question at 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 tho Consti-
tuition Of New York was referred 10 Ia
discussing tho provision that was adopted
In California. Mr.. Halleck, who wal In
favor Of the adoption Of the lottery pro.
vision, In the course Of his argument,
said: "In nearly all tho new Constitu.
tons you will And this clause. II was not
contained In the old Constitution, but In
most cases, where they have boon
amended, u has been introduced. In the
old Constitution Of New York. TO which
reference has been made In tho 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 was the occasion Of 20.
rious embarrassment 10 the State Govern.
ment itself. The result so clearly estab-
lished the evils Of the lottery system that
tho Convention Of New York. In 1916, In.
serted . clause In the very first article OF
tho new Constitution [see Section 10l
prohibiting lotteries and tho sale Of lot.
terry tickets. It appeared TO him
that this prohibition was q 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
ticls I OF the Constitution Of 1916. refer
red 10 by Mr.. Halleck is as follows /: "Nor
shall any lottery hereafter DO authorized
or any sale Of lottery tickets allowed with.
In this State"
In tho Governors Of the Almshouse 70.
American Art Union, supra, IL was con.
tended by Charles 0'Connor, counsel for
the Art Union, a. IL 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
and In this country, and that the prohibi.
tons Of the Constitution were only directed
against this particular evil. He referred
TO tho fact, as do counsel here, that ''from
1909 to 1924 public lotteries were author.
lied at every session Of Parliament" He
also referred to tho debates Of the Consti-
tutional Convention Of 1921, for the pur.
pose Of showing that public lotteries for
~pecuniary prizes Is . means Of raising
revenue were alone within the contempla.
ton Of that body"
Tho Constitution Of 1921 10 In these
words: "No lottery shall hereafter be
authorized In this State, and tho Legis.
laturo shall pass laws 10 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 DO sub
stantially the same as the Constitution OF
1916, said: "This prohibition is general.
II must be held TO embrace all lotteries,
unless there DO some very clever and salts.
factory reason for understanding II In .
moro limited sense. II was urged upon
the argument that public lotteries for Pc
cuniary prizes - . 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.
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 benc.
ct Of colleges, for the making Of roads, for
the building Of bridges. for the improve.
ment Of ferries. for tho erection Of hos.
pitfalls, and for various other purposes
equally commondable aud beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed at tho OBJ.
jectSfor which lotteries had been author.
lied, but u that particular mode Of accom-
plishing such objects. II was founded on
tho moral principle that evil should not be
dono that good might follow, and upon tho
moro cogent practical reason that tho evil
consequent on this pernicious kind Of
gambling greatly overbalanced In the
aggregate any good likely to result from
1t. The promotion Of the fne arts 10 nm.
doubtedly 0 commendablo object, but the
prohibition contains no exception In its
favor on that ground. \
Tho intention Of the trainers Of the Con.
stitution undoubtedly was 10 forbid the
future granting Of any such lotteries as
had at any time previously been author
lied by law. and by requiring the Legis.
lature 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 - had heretofore been for.
hidden by statute under tho name Of
private lotteries"
The argument that tho words "by this
State" were inserted for the purpose Of
preventing tho Legislature from authorize.
Ing public lotteries Ga means Of raising
revenna. and that tina provision Vas mt