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1
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Barnes said: "in the Constitutions of 1851 and 1864 and
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2
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1867 the prohibition is only upon the authorization by
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3
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the General Assembly of lottery grants" -- underlining
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4
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the words lottery grants -- "there is no constitutional
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5
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prohibition against traffic, or Baling in lottery
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6
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tickets or distribution of money by chance. This latter
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7
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prohibition is effected in part in Maryland by statute.
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8
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See Article 27, Section 356 of the Maryland Code."
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9
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Mr. Barnes at that time quoted from the
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10
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case of Phalen and Norris versus State and Felgill and
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11
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Johnson 18 in which the Court of Appeals held that
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12
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lottery grants in favor of Washington and St. Johns
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13
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Colleges by the Act of 1816 were exhausted when the
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14
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schemes were drawn even though all tickets were not sold
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15
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at that time. In the opinion Judge Dorsey refers to the
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16
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authorizations under the Act as "Lottery grants."
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17
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Mr. Barnes, at that time Mr. Barnes, now Judge Barnes,
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18
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said "There would seem to be no doubt of the meaning of
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19
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the phrase lottery grant1 as used in the Constitutions
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20
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of 1851, 1864 and 1867."
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21
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He said "The Constitution does not prohibit
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