Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-08

tery dckeu IN tnl1 bpAN IN oifoct vtolh-
ton OF tho plain letter and spirit Of this
provision OF tho Constitution. II would
Be q perversion Of the language Of the Con-
stitution to say that the Act ID valid.
Respondents, however, contend that tho
Constitution docs mot prohibit private
lotteries, and was by it, trainers intended
only to prevent the Legislature from In
yolying the State in . system OF public
lotteries As o means Of raising money for
the service Of tho State" or. In other
words, that this constitutional provision
was only intended a. . Limitation OF power
10 prevent the State, - o State, from on
gazing In public lotteries for the purpose
Of raising means for the general revenue
Of tho State. Hence they claim that inc
State has the right TO authorize private
parties TO conduot and carry on . lottery
Of the character specified In tho niorma-
ton.
In supporter 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. II II not claimed
that these debates have the weight OF .
judicial decision, but that II 10 proper TO
examine them In case Of doubt 40 70 the
intention Of the trainers Of the Constitu-
ton, The remarks Of the different mem.
bers shed but little light upon the real
question ct issue. They are a much In
favor Of the position taken by the Attorney
General a. 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.. Halletk, who was In
favor Of tho adoption Of the lottery pro.
vision, In the course Of his argument,
said : "In. nearly all the new Constitu-
tons you will find this clause. II was 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 tho
State In ruin. but was the occasion Of So
rious embarrassment to the State Govern.
ment itself. The result 30 clearly estsb-
lished the evils Of tho lottery system that
the Convention Of New York, 10 1876, In.
serted o clause In the very first article Of
tho new Constitution [see Section l0l
prohibiting lotteries and the sale Of lot.
terry tickets. 1t appeared to him
that this prohibition was q Of the best
that could DO inserted In the article limit.
ing the powers OF tho Legislature"
The language Of the 10th Section OF Ar
ticle I OF tho Constitution Of 1886, refer
red to by Mr.. Halleck Is Is follows : "Nor
shall any lottery hereafter DO authorized
or any sale Of lottery tickets allowed with.
In this State"
In the Governors Of tho Almshouse VI.
American Art Union, supra, IL was con-
tended by Charles O'Connor, counsel for
tho Art Union, as IL is here, that the Con.
stitution was only intended TO prevent the
mischievous practice OF raising o revenue
by public lotteries, which had been for
many years In full vigor both In England
and In this country. and that tho prohibi.
tions Of the Constitution were only directed
against this particular evil. He referred
to the fact, ~ do counsel here, that ''from
1709 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 1921 Is In these
words: "No lottery shall hereafter be
authorized In this State, and the Legis.
laturo shall pass laws 10 prevent tho 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 u declared TO DO sub
stantiAlly the same Is the Constitution Of
1916, said: "This prohibition 10 general.
II must DO held 10 embrace all lotteries.
unless there DO some very clever and salts.
factory reason for understanding IL In o
more limited sense. Il was urged upon
tho argument that public lotteries for pc
cuniary prizes - Q means CT raising rev.
enue were alone within tho contemplation
Of tho 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 DO limited TO lotteries for that
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 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 at 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 be
done that good might follow, and upon the
more cogent practical reason that the evil
consequent on this pernicious kind Of
gambling greatly ovorbalanced In the
aggregate n good likely to result from
IL. The promotion Of the lne arts Is an
doubtedly o commendable object, but the
prohibition contains NO exception In Its
favor on that ground.
The intention Of the trainers Of tho Con.
stitution undoubtedly was 10 forbid the
future granting Of any such lotteries as
had at any time previously boon author.
lied by law. and by requiring tho Legis.
lature to pass laws 70 prevent tho 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 tho namo OF
private lotteries"
The argument that the words by this
State" were inserted for the purpose OF
preventing tho Legislature from authorize.
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