Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-29
SUPREME COURT DECISION.
W. publish below the decision Of OF

We publish below the decision OF cur
Supreme Court In the matter Of e. pdrts
Blanchard 10 lottery easel. delivered IN
the January term Of 1874. Opinion was
delivered BY Judge Belknap:
The "Nsvada Benevolent Association"
vas authorised BY an Act Of the Lsgisla.
turs, approved March 8, 1871, 70 give not
sxcseding three public entertainments or
eift concerts, and 70 sell tickets Of admis-
sion 70 the same emitting the holder 70
participate In distribution Of awards "by
rafas or other scheme Of like character. !. .
The petitioner u the managing aSent .,
the association. 10 has besn arrested
and d In custody for selling lottery tickets
contrary to the provisions OF the sntute.
approved March 4. l67S.. entitled IAN sot
70 prohibit lottsries." The tickets sold
we're those Of the "Nsvada Benevolent A.
II d clear that the Act Of March .. 1871.
sanctions lottery. The character Of the
scheme 10 In no wise changed By the char
table purpose expressed In IL tlde, nor
by calling the drawings "entertainmens
or eift concerts" The ffth section OF tho
Act declares that "nothins In this Act
contained shall M construed ~ suthoriz'
ing lottery In this State, or - allowing
the sale Of lottery tickets contrary to tho
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
srly belonging to one Of these departments
shsll exercise any functions appertaining
10 either Of the others except in cases ex'
pressly directed or permitted. Const. Art
Tn. 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,,
ton Of the functions OF the Judiciary ana
must be disregarded. =,
By statute 10 and II, W. III, Q. IL, all
lotteries are declared 70 be public nuis'
snces. 4Bl. Com. 1853. 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, IL 10 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
.'no 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. But tAis authority ,eds rithhsld, and
the Act Of March 8, 1871, being In direct
violation Of the prohibition. 80 uneo"'ii'u-
tiomai. Since, then, this lottery 10 unau.
thorixed by common law or valid statute.
IL follows that the objection urged that the
Act 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 its tenth section II 10 declared II shall,
'.from and after the frst day of January
one thousand eight hundred and seventy.
four" and 10 applicable 70 tickets sold
under the act Of the Legislature OF March
8, 1871. entitled IAN act to aid the Nevada
Observation-Disclosures In providing means
TO erect an insane asylum"
The petitioner 10 remanded to the Gus
tody whence be came.