Kayden Industries, Inc. v. Murphy

The principal issues are:(1) Is the 1965 amendment to sec. 24, art. IV of the Wisconsin constitution self-executing?

*724(2) Did the subsequent legislative acts effectively reestablish the prohibition against the type of game sold by the plaintiff T

The problem confronting the court is the construction of a constitutional amendment and the related statutory enactments.

The original constitutional provision (sec. 24, art. IV) which stood unamended until 1965, provided as follows:

“Lotteries and divorces. Section 24. The legislature shall never authorize any lottery, or grant any divorce.”

In April of…