Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-01-17
VESTED RIGHTS

VESTED RIGhrs
A day or two since we published an
enactment OF our last Legislature, en-
titled, "An Act to Prohibit Lotteries"
and called tho attention Of our con-
temporariss to Its provisions, and to
their manifest violation Of law In ad-
vertising or In any way aiding or aost-
ting any Lottery In this State aftsr the
above Act took effect. viz: January l.
1874. The Virginia CAroaicie, conced-
Ing the existence aud scope OF the
above Act. took the ground that the
Nevada Lottery, or, As It IL termed,
the Nevada Benevolent Association"
was excluded from the operations and
penalties Of said Act, because, having
been Instituted by an Act Of tho State
Legislature. and having for three year,
been In existence a. q scheme, vested
rights had In that time accrued. which
no subsequent legislation could render
void. Il occurred to Us that the vested
right OF . newspaper to advertise any
lottery In the face Of the above subse-
quent and clearly constitutional "Act
to prohibit lotteries" was Of decided
ly delicate character, and that the claim
OF the Chronicle that, n to tho Nevada
Lottery, and the right Of the Chronicle
to advertise the drawing ofsaid scheme,
the Act passed last Winter was er post
Jae,o. and therefore unconstitutional,
was OF doubtful force.
We never have believed the law pro-
viding for the drawing Of the Nevada
Lottery q constitutional enactment. So
long, however. as IL was not In conflict
with another aud subsequent law, and
had not been brought before aud
tested In the Supreme Court OF the
State. 1t was 4 legal scheme. In our
view. however, the last "Aet to pro-
hlbit ~lotteries" was = clear and plain
enactment Of the prohibitions Of our
State Constitution, aud It's Limitation
OF a prior aud questionable law so
manifestly just that the result OF the
decision Just announced was In n o sense
doubtful. We were aware that the
question was about to DO tested,
and therefore said nothing about tho
Nevada Lottery when we published
the last Act, but on the last day OF De-
cember. 1879, took Its advertisements
from our columns. The case has been
before the Supreme Court, which, In Its
decision yesterday. not only concludes
that the Act Of March 8, 1873, author
izing tho Nevada Benevolent Asso-
citation" was unconstitutional, but
that Its manager. Blanchard, Is guilty
under the provisions Of IAN Act to
prohibit lotteries" approved March Z,
1873, Of q misdemeanor as therein pro-
vidsd, aud remands him to the custody
from whence he came before that Court
on q writ Of habeas eorpss. As q logi-
cal sequence TO the decision that the Act
OF March 3.ls7l.is unconstitutional the
later law Of 1873 Is declared valid. the
court saying that .slnce then this lot
terry Is unauthorized by common law
or valid statute. IL follows that the OBJ
lection urged that the Act Of 1873, In
pairs the obligation Of contracts, Il
withou, force" rhe court Is OF opln-
Ion, therefore, "that the Act 70 pro-
hiblt lotteries took effect. As BY the
terms OF It's tenth section IL Il declared
IL shall, from and after the lat day OF
January, 1874, and Is applicable to
tickets sold under :he Act OF the Legis'
lature OF March, 1871, entitled, An Ac
to aid the Nevada Benevolent Assocla-
ton in providing mean to erect an In
sane Asylum"
This places those journals which
have persisted In advertising this
scheme since January l, 1874. In a
most awkward position, their proprie-
tors being liable as was Mr.. Blanchard
to arrest and prosecution for each and
eve.y offense since that date. AS,
however. the error was doubtless u
OF judgment, not a wlllful infraction
Of the law Of 1873, aud will not In
view Of the declsion Of the court again
occur. we hope no Injury or incon-
venience will arise therefrom. IL may
serve, however, to teach the lesson
that IL Is sometimes perilous for a Jour
nal to assume the functions ola judge,
and violate a plainly constitutional
enactment under protection Of one Of
doubtful sanction.