Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-21

We publish below the decision OF cur
Supreme Court In the matter Of "a pdrts
Blanchard (a lottery cass). delivered In
the January term Of 1874. Opinion was
delivered BY Judge Belknap:
The "Nsvsda Benevolent Association"
was authorized BY an Act Of the Legisla.
turs, approved March 8. 1871. 70 give not
sxcseding three pablo sntsrtainmsnts or
Gift concerts, and 70 sell tickets OF admis-
sion 70 the same emitting the holder 70
psrtioipate In distribution Of awards "by
rsfie or other scheme Of like chsracter." "
The petitioner 10 the managing agent Of
the sssooiation. He has bean arrested
and IL In custody for selling lottery tickets
contrary to the provisions OF the statute,
Approved March I, 1873, entitled can aot
TO prohibit lotteries" The tickets SOLD
were thoss Of the "NsvadA Benevolent A.
ISOLATION" 49,,
n Il clear that the Act Of March 8, 1871,
sanctions lottery, The charaotsr Of the
scheme II In no wise changed blythe char
liable purpose expressed In IL tue. nor
By calling the drawings entertainments
or Rift oonoer<s." The 9th section OF the
Act declares thst "nothing In this Act
contained shall be construed ~ suthoriz-
ing . lottery In this State, or - allowing
the sale Of lottery tickets contrary to the
provisions Of the Constitution.
The State government 10 divided BY the
organic law into executive, legislative and
iudicial departments, and no person
charged with the exercise Of powers prop
erly belonging to one Of these departments
shall exercise any functions sppertaining
to either Of the others except IN cases ex'
pressly directed or permitted. Const. Art.
III. The construction TO be placed upon
this Act must be determined BY tho Court
alone. The attempted exercise OF this
power BY the Legislature was an assump.
ton Of the functions Of the judiciary. and
must be disregarded. :,
lotteries are declared to be public nuis'
ances. 4 Bl. Com. l68. This statute 70.
mained In force In England at the time OF
the declaration Of American independence,
and being applicable to our situation.
constitutes q part OF the commop law OF
the United States. From the language
employed In the Constitution. u 10 evident
that this was the understanding OF ih
trainers. In the restriction upon the
power Of the Legislature. 1t 10 not said
that lotteries shall be prohibited, but that
emo lottery shall be authorized BY this
State" This constitutional clause con.
sidered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. Bat tAis authority Was witAhsid. and
the Act Of March 8, 1871, being In direct
violation Of tho prohibition, is uneo"siifa-
tionai. Since, then. this lottery 10 unau.
thorized by common law or valid statute,
1t follows that the objection urged that the
Act Of 1873 impairs the obligation OF con.
tracts IL without force. 80,
We are Of opinion that the act 70 pro-
hibit lotteries took effect, a. by the terms
OF its tenth section IL 10 declared 1t shall,
.from and after the frst day Of January,
one thousand eight hundred and seventy.
four" and 10 applicable to tickets sold
under the act Of the Legislature OF March
8, 1871. entitled "An act to aid the Nevada
Benevolent Association In providing means
TO erect an insane asylum"
The petitioner 10 remanded to the Gus
tody whence he came.