Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-09

revenue, they voall net have used The
Language they al In ths concluding sen.
tencs, I" Nor shsll the sals Of lottery tick
eta b allowed.s These words clearly
show that Il wsa' NOT intended that any
lottsry should Be- authorised BY this stass
for any purpoee.
The words "by this shss," q used iu
our Coustit tion, and the words !" In thii
ente," cor within this sats," q used
In ne Oonshtuaoos Of New York, hsvs
virtually The sans meaning.
"No lottsry shallbs authorised By thii
ststs. NOR shsll " sals Of lottsry sloksts
b allowed"
This language spplIss 70 oil lotssries,
whsthsr public 90 private. 10 lotteries
conducted BY The ehsS by he church
by privsts individuals; By ybsnevolsnt and
charitable associations, and hy corpora
lions. ~ "a
No lotsery d any. Had ean b. author.
ised By ths tsglslaiars under the present
Consultation. %
We again rspsas What. Il seems 70 a..
must BE- evident - svasy unbiased and im.
partial mind. that ~ Language Of the
constituu uooa1 3rss1iea q TOO plain for
argument. Tkis und4f IL the Lsgislsturs
cannot suthoriss any lottsry in this 6tats.
and that the Aet approved March ., 1881.
10 null and void.
We are conscious Of The fact that u was
unnecessary 70 add anything 10 the reason.
Ing Of this Court In - yarts Blanchard.
which 10. Of itsslf. absolutely oonolusivs
upon both Of the points We have discussed.
Bat 10 has been attempted, By deairs
upon our part. 70 show that NO authority
could 10 found In any Of the adjndicatsd
oases 10 the United States TO sustain the
position oontsnded for by respondents !
aud that no argument has been advanced
BY respondents, upon either Of these
points. that has not heretofore been do.
cided adversely 10 them By the Courts Of
other States, where the constitutional
provisions are Substantially the same -
our own.
Il 10 proper 10 add that ws have arrived
st the conclusion stated without consider.
Ing the question Of the morality. or In.
morality Of this particular scheme. II
makes no difference whether 10 was set on
foot purely for the purpose Of raising rev.
snus for the benefit Of the "Insans and
Charitable Fund" Of this State. or whsther
it belonged 70 that GLASS Of lotteries that
are made up Of peouniary prises and min.
later 10 the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and 70 no other sentiment where
the managers receive pecunlsry pront
aud enlist "s corps OF active seducers 70
draw the weak and unwsry into the pur.
chase Of ticksts" By extensive advertise.
msnts containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
I. may b admitted for the purposes Of
this decision. ~ was srgued By respons
dens' counsel. that the people Of this State
are essen TALLY Q gambling people. ready
st all times 70 tsks the despersts chances
which lotteries Afford, and that no In.
furious effects upon the morals Of the peo.
ple would result II this game Of chance
was allowed to proceed.
This question 10 one that must bs con.
sidsred - settled BY the adoption OF the
constitutional provision lex parts Darling,
recently decided.
In the Art Union case, 10 which ws have
frequently referred, IL was claimed that
the enterprise was really Of meritorious
character, and that u differed. In this re-
speot, from the lotteries whsrs tbs mana.
ayers were 10 reosivs the lions share OF
the proHts. The Court, In answer 70 this
argument. said:
"If no lotteries had existed excepting
suoh - is contained 10 the Art Union
scheme, IL 10 not probsbe that they would
have been forbidden BY the Consultation
or BY Law. Iu mischief are certainly not
% apparent - II il prizes were to bs paid
in money. or - Il would bs II framed for
the purpose Of entioing the nscessitous and
improviient Into its hazards. But this
case cannot bs decided according to
the views No may entertain Of the probable
good or evil consequent upon the sxeou.
ton Of the scheme. The Constitution
took away the power OF determining
whether this or any other lottery was Of
good or evil tendency. and certainly did
not Intend 70 confer that power on the
judicial tribunals. II 10 we're 70 b I'D.
mittsd that the scheme 10 entirely harm.
less In its consequences, 10 would form no
ground for making II By judicial con.
structiou an exception 10 the general and
absolute constitutional prohibition"
Courts cannot make any distinction, IN
this respect, a. 10 the nature Of the trans.
sotion or the character Of persons engaged
In II. 1t Il their boundsn duty 70 declare
the Law. -t..
"Ths law knows no person u 10 not
made for the individual man. but for men.
Al the dew Of heaven falls. 20 IL bears
alike upon the Just and unjust" State
70. Pierce, 8 New, e0i.
Il smiles and frowns upon all alike. II
makes no distinctions. Submission 70 It,
authority 10 iueumbsnt upon al.
Third-It II Unnecessary 70 discuss any
Of the other points sugssstsd By respon.
dsns' council.
We will not prssums. In sdvanos, that
respondents intsnd 70 violate tue law.
From the views already expressed u 10
apparent that 10 would make no differences
whether respondents base their right TO
act IN the premises under the articles Of
incorporation or under the provisions Of
tue Act OF the legislature. In either event
their Acts would b without warrant Of
Law.
The judgment Of this court 10 that the
respondents have no right. liberty. or
franchise, By virtus Of any law. 70 sdver'
tiss, print, circulate or sell any tickets IN
the scheme or enterprise Of the Nevada
Benevolent Association" within this State.
or 10 do any Of the acts specified In the
statute, "to aid the Nevada Benevolent
Ascension" approved March .. 1851
Istst., 1881, les; and that the costs Of
this proceeding b taxed against them.
HAwLxI, J.
We concur: LEONARD. O. J..
+. BELxSAP. j.
THE SUN FOR 1881.