Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-26
GOLD HILL STOREY CO.. EVENING APRIL 26 1881
SUPREME COURT DECISION.

We publish below the decision Of oul
Supreme Court In the matter Of sz part.
Blanchard 70 lottery case). delivered IN
the January term Of 1874. Opinion was
delivered BY Judge Bslknap:
The "Nsvada Benevolent Association
vas authorised by an Act Of the Legisla-
ture, approved March 8. 1871. 70 give mol
exceeding three public entertainments OF
gift concerts, and 70 sell tickets OF admis'
sion TO the same emitting the holder 70
participate In distribution Of awards "by
rsfis or other scheme Of like chsrsoser. ).
The petitioner 10 the managing agent o.
the association. He has been arrested
and IN In custody for selling lottery tickets
contrary TO the provisions Of the statute,
Approved March 4, 1873, entitled "An sol
to prohibit lotteries" The tickets sold
we're thoss Of the "Nevada Benevolent A.
ISOLATION"
II h clear that the Act Of March 8. 1871,
sanctions lottery. The character Of the
scheme Il in no wise changed BY the char
table purpose expressed In its title, nor
by calling the drawings "entsrtainments U
or Gift concerts." The 9th section OF the
Act declares that "nothing In this Act
contained shall be construed - suthoriz'
ing a lottery In this State, or - allowing
The sale Of lottery tickets contrary TO the
proyisions Of the Constitution"
The State government 10 divided BY the
organic Law into executive, Legislative and
Judicial departments. and no person
charged with the exercise OF powers prop
erly belonging to one Of these departments
shall exercise any functions appertaining
70 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 the Court
alone. The attempted exercise Of this
power BY the Legislature was an assump.
tion Of the functions Of the judiciary, and
must be disregarded. =,
By statute 10 and II, W. III. Q. IL, all
lotteries are declared 10 be public nuis.
snces. 4Bl. Com. 168. This statute 70.
msined in force In England at the time Of
the declaration Of American Independence,
and being applicable to our situation:
constitutes . part Of the common law Of
the United States. From the language
employed In the Constitution. II 10 evident
that this was the understanding OF its
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 THE authority eas seiAhsld. and
the Act Of March 8. 1871. being In direct
violation Of the prohibition, 70 uaeon''itu-
tionai. Since, then, this lottery 10 unau.
,horized by common law or valid statute,
IL follows that the objection urged that the
Act Of 1873 impairs the obligation Of con.
tracts 10 without force.
We are Of opinion that the act TO pro-
hibit lotteries took effect, - BY the terms
Of its tenth section II 10 declared II shall,
'from and after the Hrst day OF January.
one thousand eight hundred and seventy:
four" and 10 applicable to tickets sold
under the act Of the Legislature Of March
3, 1871, entitled IAN act TO aid the Nevada
Benevolent Association In providing means
to erect an insane asylum"
The petitioner 10 remanded 10 the Gus
tody whence be came.