Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-02

ZION OF the plain letter and spirit Of this
provision OF tho Constitution. II would
be . porversion Of tho language Of tho Com
stitution to say that the Act Il valid.
Respondents. however, contend that tho
Constitution "does not prohibit private
lotteries, and was by Its trainers intended
only to prevent tho Legislature from In.
volving the State In Q system OF public
lotteries as 0 means Of raising money for
tho service OF the State" or, In other
words, that this constitutional provision
was only intended as o Limitation Of power
10 prevent tho State. as o 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
TO conduct and carry on 0 lottery
Of the character specified In the informa.
ton.
In support OF this position they refer to
the debates Of the Constitutional Conven-
ton In California upon the adoption Of Q
provision In the Constitution Of that State
Identical with ours. II 10 not claimed
that these debates have the weight Of Q
judicial decision, but that II 10 proper to
examine them In case OF doubt a. to the
intention Of the trainers Of the Constitu.
ton. The remarks Of the different mem.
bers shed but little light upon the real
question at issue. They are 20 much In
favor Of the position taken by the Attorney
General as they are In favor Of tho respon-
dents. The debates show that the Consti.
tuition OF New York was referred to 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-
tions you will find this clause. II wa not
contained In the old Constitution, but In
most cases, whore they have been
amended, II has been introduced. In the
old Constitution Of New York, TO which
reference has been made In the course Of
debate, no prohibition wa inserted.
Many gentlemen present would remember
tho famous case OF Yates and Mcintyre,
which involved not only individuals OF the
State In ruin, but was tho occasion OF So
rious embarrassment to the State Govern
ment itself. The result so clearly estab-
lished tho evils OF the lottery system that
the Convention OF New York, In 1916. In.
serted o clause In tho very first article OF
the now Constitution tsee Section l0l
prohibiting lotteries and the sale OF lot.
terry tickets. 1t appeared to him
that this prohibition was n OF the best
that could DO inserted In the article limit.
ing the powers Of the legislature"
Tho language Of the 10th Section OF Ar
ticlo I Of tho Constitution OF 1876, refer
red to 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 Almshouso vs..
American Art Union. supra. II was con.
tended by Charles 0'Connor, counsel for
the Art Union, as II Is here, that tho Con-
~stitution was only intended to prevent tho
mlschiovous practice OF raising o revenue
by public lotteries, which had been for
many years In full vigor both In England
aud In this country, and that the prohibi.
tons Of tho Constitution were only directed
against this particular evil. Ho referred
to the 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 as o means Of raising
revenue were alone within the contempla.
ton Of that body"
The Constitution Of 1921 Is In these
words: "No lottery shall hereafter be
authorized In this State, and tho Legis.
laturo shall pass laws TO prevent the sale Of
all lottery tickets within this State except
In lotteries already provided for by law"
Tho Court Of Appeals In referring TO this
Constitution, which II declared to DO sub
stantially tho Same as the Constitution Of
1886, said: "This prohibition Is general.
II must DO held to embrace all lotteries,
unless there be some very clever and salts
factory reason for understanding 1t In o
moro limited sense. II was urged upon
the argument that public lotteries for Pc
cuniary prizes a. Q means OF raising rev.
enue were alono within the contemplation
Of tho trainers OF the Constitution. But
lotteries have never been created within
this State for the purpose OF general rev.
enuo. and there Ia therefore no ground for
believing that the prohibition was In.
tended TO DO limited to lotteries for that
object. This would have been restraining
o mischief which did not exist, and toler.
ating that which did. Lotteries had been
authorized by the Legislature for the bene.
ct Of colleges, for the making Of roads, for
the building Of bridges, for tho improve
ment Of ferries. for tho erection OF hos.
pitfalls, and for various other purposes
equally commendable and beneficial. All
these were clearly within tho prohibition.
The prohibition was not aimed at tho OBJ.
jects for which lotteries had been author.
lied, but at that particular mode Of accom-.
plishing such objects. It was founded on
the moral principle that evil should not be
done that good might follow, and upon tho
moro cogent practical reason that the evil
consequent on this pernicious kind Of
gambling greatly overbalanced In the
aggregate any good likely to result from
IL. The promotion Of tho fine arts Is un-
doubtedly . c~ommendable object, but the
prohibition contains no exception In Its
favor on that ground.
The intention Of the trainers Of tho Con.
.stitution undoubtedly was TO forbid the
granting Of any such lotteries as
had ct any time previously been author
lied by law. and by requiring the Legis.
laturo to pass laws TO prevent the 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
lotteries"
The argument that the words "by this
wero inserted for the purpose OF
nravaoktp1 thn r a0iaIatnra from authori1,