Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-09
SUPREME COURT DECISION.

We publish below the decision OF our
Supreme Court In the matter Of "a pdrk
Blanchard (a lottery easel. delivered In
the January term Of 1874. Opinion was
delivered BY Judge Bslkuap:
The "Nsvada Benevolent Association"
was authorized by an Act OF the Legisls.
ture, approved March 8. 1871. 70 give not
exceeding three public entertainments or
Gift concerts, and to sell tickets OF admis-
sion to the same emitting the holder TO
participate In distribution OF awards "by
raffie or other scheme Of like character.
The petitioner 10 the managing agent OF
the association. He has been alres.eo
and 10 In custody for selling lottery tickets
contrary to the provisions OF the statute.
approved March z, 1873. entitled IAN &C.
10 prohibit lotteries" The tickets sold
wero those Of the "Nevads Benevolent AS
ISOLATION" -
II is clear that the Act Of March s. 1871.
ssnctious lottery. The character OF the
scheme is In no wise changed BY the char
liable purpose expressed In its title, nor
by calling the drawings entertainments
or rift copoerts." The ffth section OF the
Act declares th.t "nothing In this Act
contained shall be construed ~ suthoriz.
ing q lottery In this State. or ~ allowing
the sslo Of lottery tickets contrary to the
provisions 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
shsll exercise any functions appertaining
10 either Of the others except IN cases ex'
pressly objected or permitted. Const. Art.
III. The construction to be placed upon
this Act must be determined by the Court
alone. Tho attempted exercise OF this
power by the Legislature was an assump..
ton Of the functions Of the judiciary. and
must be disregarded.
By statSts 10 and II, W. III. Q. II. all
lotteries are declared TO be public nuis'
snces. 4 4Bl. Com. 1853. This statute re.
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 Oh
the United States. From the language
employed In the Constitution, II Is evident
that this was the understanding OF ia
trainers. In the restriction upon the
power Of the Legislature. IL 10 not said
that lotteries shall be prohibited. but that
emo lottery shall be authorized by this
State" This constitutional clause con-
pidered in the light Of the common law
implies that lotteries could be lawfully
created by authority Of tho Legislature
only. But this authority was sithhsid, and
the Act Of March s. 1871. being In direct
violation Of the prohibition. 10 "neo"'fitu'
tional. Since. then. this lottery 10 unau-
,horized by common Law or valid statute
IL follows that the objection urged that the
Ac. Of 1873 impairs the obligation OF con-
tracts IL without force.
We are Of opinion that the act to pro-
hibit lotteries took effect, a. by the terms
Of i,s tenth section 1t Is declared 1t shall
..from and after the first day OF January.
one thousand eight hundred and seventy.
four" and Is applicable TO tickets sold
under the act Of the Legislature OF March
8, 1871. entitled IAN act to aid the Nevada
Benevolent Association in providing means
TO erect an insane asylum"
Tho petitioner 10 remanded to the Gus
tody whence he came.