Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-11
SUPREME COURT DECISION.

We publish below the decision OF our
Supreme Court In the matter Of &c parse
Blanchard 10 lottery easel, delivered IN
the January term Of 1874. Opinion Was
delivered by Judge Belkuap:
The "Nevada Benevolent Association"
was authorized by an Act OF the Legisla.
ture, approved March 8. 1871, TO give not
exceeding three public entertainments or
Gift concerts, and to sell tickets OF admis.
siou TO the same emitting the holder 10
participate In distribution Of awards "by
rafie or other scheme OF like oharacter.
The petitioner 10 the managing agent OF
the association. He has been arrested
aud 10 In custody for selling lottery tickets
contrary to the provisions OF the statute.
approved March z, 1873, entitled IAN act
to prohibit lotteries" The tickets sold
we're those Of the "Nevsda Benevolent As
ISOLATION"
Il Is clear that the Act Of March s, 1871,
sanctions lottery. The character Of the
scheme 10 In no wise changed by the char
liable purpose expressed In its title. nor
by calling the drawings entertainments
or eift concerts" The flfth section Of the
Act declares that "nothing In this Act
contained shall be construed - authorize.
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
judicial departments, and no person
charged with the exercise Of powers prop
erly belonging to one Of these departments
shall exercise any functions appertsining
to either OF the others except IN cases ex'
pressly directed or permitted. Const. Art.
Tn, The construction 70 be placed upon
this Act must be determined by the Court
alone. The attempted exercise OF this
power by the Legislature was an assump-.
iion Of the functions Of the judiciary. and
must be disregarded.
By statute 10 and II. W. III. Q. II. all
lotteries are declared 10 be public nuis.
ances. lBl. Com. 1853. This statute re.
mained In force In England st 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. u 10 evident
that this was the understanding of ia
trainers. In the restriction upon the
power Oh tne LrBibihtufo, ~ - uos ss'u
that lotteries shall be prohibited, but that
"po 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 tho Legislature
only. Bat this authority Wos riihh.id, and
the Act Of March 8, 1871. being In direct
violation Of the prohibition, 10 Wneo"'tifu.
tionai. Since. then. this lottery 10 unau-
thorized 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, a. BY the terms
Of its tenth section II 10 declared it 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
8, 1871, entitled IAN act to aid the Nevada
Benevolent Association In providing means
to erect an insane asylum"
Tho petitioner 10 remanded 70 the GUS
tody whence he came.