Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-01-26
A WIDE

The editor Of Measure for Measure
In the last Issue Of that paper, COM
ments somewhat upon the law OF 1873,
entitled IAN Act to prohibit I.otte-
rles," claiming that the Legislature
surpassed Its powers when 1t attempt
ed to prohibit the publication OF the
advertisements OF lotteries to be drawn
la ether States or outside of the State
Nevada. He assumes that the law Of
1873 was In this particular an infrao-
ton Of the National Constitution, 1t
being In his opinion an attempt to
abridgs the liberty Of the press, and
argues In this wise:
"while it Ia competent for the Legis-
lature TO erect such . thing as . lottery
into q mi.demeanor so far ~ the limits
Of the State extend, II seems to US IL
caa not place the ban Of illegaiity up
on such q scheme conducted Ia another
State. aud prevent the publication Of
any notice for the furtheranco Of such
In any paper within the State. Our
view Of this constitutional lnvalldity
being correct. we ara Inclined to think
that tho entire law would be held q
nullity, II properly contested TO such
sn issue. Clearly, the law Of 1873 at
tempts an abridsement Of the liberty
Of tho press"
With all due Difference to the mo-
tive Of this argument, and with the
highest regard for the principle IN.
volved, or asserted 70 TO be, We fall to
coincide with the conclusions drawn
by our cotemporary. The advertise
ment Of a lottery In . newspaper, or
liz mention In the local columns, Is
purely a alter Of busincss-presum-
ably a financial mstter-and In gen.
sral unfortunately not aiwaysL these
advertisements have been paid for
like other notices. 10 our mind the
publication Of q lottery advertisement
stands exactly OH the same footing As
the renting OF 4 house In which the
drawing shall be had. The business
columns OF n newspaper are for sale.
They are bought and paid for by al
vertisers, just As business places r
rented, aud It Is clearly as competent
for the Legislature to forbid the pub.
location OF the advertisement OF a
scheme which Is deemed by that body
corruptlng and prejudicial to good
morals, as to forbid the publication OF
obscene Or other advertisements, which
are also deemed corrupting or I'm
moral In their tendency.
Tho liberty Of tho press, as we I'M
derstand. 10 not a general license to
corrupt. debauch and degrade the
public. or to further schemes which In
the opinion Of u Lawmakers are pre-.
judicial to public welfare. There
seems to DO no more Justice In allow
Ing . newspaper to advertise, or by
local mention aid la the sale Of tickets
In a lottery to be drawn abroad. than
In permitting the hawking or sale Of
tickets In such schemes within tile
State boundaries. Both are In aid OF
= scheme which 10 declared cssen-
TALLY wrong and corrupting, and
while IL l, true that the law Of 1873
cannot hinder the drawing Of n lottery
outside Of this State, 1t Is equally true
that the provisions Of the law extend
20 all within the State. whether news
paper proprictcr,, landlords or agents
Congress has by law interdictsd the
transmission through the mails Of
obscene papers, yet these are not, at
least may not be, more csrrupting than
the lottery business. II the liberty Of
the press extends to such license a.
claimed BY Measure for Measure, 1t can
hardly DO limited at that point. Con-
gress has no moro right to abridge the
freedom Of the press than has the
Legislature Of Nevada. Yet, 1t will
hardly be claimed that 1t has not the
right to forbid the circulation or pub
location OF obscene books or papers.
It 1, equally the right OF = State to
regulate, within limits, tho morals Of
its citizens, a right so clearly vested
In. AM SO frequently exercised BY
State Legislatures that We are sur.
prised to see II questioned.