Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-08

tion VI suo pau lettot tnQ spirit Of tnls
provision OF the Constitution. Il would
be . perversion Of the language Of the Com
stitution to say that the Act L valid.
Respondents, however, contend that the
Constitution "does not prohibit private
lotteries, and was by it, trainers intended
only TO prevent the Legislature from In.
yolving tho State In . system OF public
lotteries - . means Of raising money for
tho service OF the State" or, In other
words, that this constitutional provision
was only intended - . limitation Of power
10 prevent the State, - Q State, from On.
gazing In public lotteries for the purpose
Of raising means for the general revenue
Of the State. Hence they claim that tho
State has the right to authorize private
parties to conduct and carry on . lottery
Of the character specified in tie 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 II not claimed
that these debates have the weight Of .
judicial decision, but that u 10 proper to
examine them In case Of doubt % 10 the
intention Of the trainers Of the Constitu.
tlon. The remarks Of the different mem.
bers shed but little light upon the real
question at 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 10 In
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.
lions you will find this clause. II VA not
contained In the old Constitution, but In
most cases, where they have been
amended, u has been introduced. In the
old Constitution Of New York, to 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 In ruin. but was the occasion Of Sc
rious embarrassment 10 the State Govern
ment itself. The result 20 clearly estab-
lished the evils Of the lottery system that
the Convention OF New York. In 1916, In.
serted o clause In the very first article Of
the now Constitution (see Section 10l
prohibiting lotteries and the sale Of lot.
terry tickets. 1t 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 l8i8, refer
red 10 by Mr.. Halleck 10 Is follows : "Nor
shall any lottery hereafter be authorized
or any sale Of lottery tickets allowed with.
In this State"
In tho Governors OF tho Almshouse ".
American Art Union, supra, IL was cor.
tended by Charles O'Connor, counsel for
the Art Union, % IL 10 here, that the Con-
stitution was only intended 10 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::
lions Of the Constitution were only directed
against this particular evil. He referred
to the fact. As do counsel hero. that "from
1903 to 1924 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
pecuniary prizes a. . means Of raising
revenue were alone within the contempla-
ton Of that body"
Tho Constitution Of 1891 Is In these
words: "No lottery shall hereafter DO
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 TO this
Constitution, which IL declared to be sub
stantially the Same as the Constitution Of
1876, said: "This prohibition 10 general.
II must DO held 10 embrace all lotteries,
unless there DO some very clover and salts
factory reason for understanding IL In .
more 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 tho Constitution. But
lotteries have never been created within
this State for the purpose Of general rev.
enue, and there IL therefore nc ground for
believing that the prohibition was in.
tended 10 DO limited TO lotteries for that
object. This would havo 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 and beneficial. All
these were clearly within the prohibition.
The prohibition was not aimed ct the OBJ.
jects for which lotteries had been author.
izod, but u that particular mode Of accom-
plishing such objects. II wal founded on
the moral principle that evil should not DO
done that good might follow, and upon the
more cogent practical reason that the evil
consequent on this pernicious kind OF
gambling greatly overbalanced In the
aggregate any good likely 10 result from
IL. The promotion Of tho fine arts IL IN
doubleday 0 commendable object, but the
prohibition contains NO exception In its
favor on that ground. s.
Tho intention Of the trainers Of the Con.
stitution undoubtedly was TO forbid tho
future granting Of any such lotteries -
had at any time previously been author
lied by law. and by requiring the Legis.
lsturo TO pass laws TO prevent tho sale Of
al iutpefy uchetbt W put ~ onu osii
such distributions Of money or goods by
lot or chance - had heretofore been for
hidden BY statute under the namo OF
private lotteries"
The argument that tho words "by this
were inserted for the purpose Of
preventing tho Legislature from authorize.
Ing public lotteries as means Of raising
revenue. and that the provision was not
intended 10 prevent the Legislature from
authorizing private lotteries. 10 wholly un.
tenable. No authority has been produced
In Its support and we are satisfied that
can BIO found.
In constituting this provision Of tho Con.
stitution tho last sentence 10 % important
a. the first.
II tho trainers Of the Constitution had
intended by the use Of the words: "No
shall DO authorized by this State"
to only limit the legislative power to pub.
lio lotteries, conducted and managed solely
BY the State for tho purpose Of raising
revenue, they would not have used the
language they did IN the concluding sen.
tenco, "Nor shall the sale Of lottery tick
DTS DO allowed" These words clearly
show that u was not intended that any
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