1

lotteries but the authorization of lottery grants by

2

the General Assembly."

3

Then in a reply brief Mr. Barnes at that

4

time also said "The abandonment of the amendment of

5

the Constitution of 1851 which had been proposed and

6

restriction of the prohibition to lottery grants in both

7

the Constitution of 1964 and 1867." As a result of that

8

he said "There seems to be no doubt that the meaning of

9

lottery grant in Article 3, Section 36 of the Constitu-

10

tion of 1867 prohibited the General Assembly from

11

authorizing lottery grants as they theretofore had been

12

authorized, and this prohibition did not extend to gambling

13

devices, faro tables, or ever, lottery schemes and

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tickets not authorized as a grant by the General Assembly

15

itself."

16

Looking back at the history of the lottery,

17

we find that the Legislature would give authority for

18

holding lotteries by grant. This became more and more

19

prevalent to the point where it became abused. It would

20

get so ridiculous that a man would want to open up a

21

cigar store, and in order to be able to have stock to