The history of the lottery prohibition in Wisconsin is similar to the history of attempts to control gambling elsewhere in this country. This pattern can best be described as one of continuous cycles. At first, various abuses of the public's tolerance of gambling lead to the imposition of extensive controls.- In Wisconsin such control has had constitutional foundation since the date of statehood: "The legislature shall never authorize any lottery . . . ." Following these rigid restrictions a movement will often start to relax the prohibitions. With the successful completion of this stage of the cycle, one usually finds that the "next stage is indignant public recoil and an attempt at new approaches and appraisals, leading to greater relaxation of existent standards or more feasible legal control." This step often results in complex or cumbersome legislation which in turn leads to further relaxation until, once again, the excesses and abuse of public tolerance give birth to efforts to impose the original rigid restrictions It is at the somewhat awkward third stage that one finds the present Wisconsin lottery prohibition. In attempting to institute "new approaches" and "more feasible legal control," the legislature has created considerable ambiguity in its treatment of lotteries. A lawyer, whose clients' affairs are involved, cannot afford the luxury of ignoring the ambiguities while awaiting the next cycle. Thus an attempt must be made to solve the present problems.
