Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-15
SUPREME COURT DECISION.
W. publish below the decision Of on

We publish below the decision OF our
Supreme Court in the matter Of er parss
blanchard 10 lottery case). delivered In
the January term Of 1874. Opinion was
delivered BY Judge Belknap:
The "Nsvada Benevolent Association"
was authorized BY an Act Of the Legisls.
ture, approved March .. 1871. 70 give nos
sxceeding three public entertainments or
Gift concerts, and 10 sell tickets OF admis-
siou 10 the same emitting the holder TO
participate In distribution Of awards "by
rsffie or other scheme Of like character" :
The petitioner ID the managing agent OF
the sssocistien. He has been arrested
and 10 in custody for selling lottery tickets,
contrary to the provisions OF the statute.
approved March Z, 1873, entitled "An act
10 urohibit lotteries" The tickets sold
we're those Of the "Nsvada Benevolsnt As
n IL clear that the Act Of March 8. 1871,
s.nctiops a lottery, The character OF the
scheme Ia In NO wise changed BY the char
itable purpose expressed In its title, nor
by calling the drawings "entsrtainments
ar Gift ooncerts." The fifth section Of the
Act declares that "nothing In this ACT
contained shall be construed - autnoriz'
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
srlv belonging TO one Of these department.
sha,l exercise any functions appertaining
10 either Of the others except in cases ex.
pressly directed or orpermitted. Const. Art.
Tn. The construction to be placed upon
this Act must be determined BY the Court
alone. Tho attempted exercise oil this
power BY the Legislature was an assump..
ton Of the functions Of the judiciary, and
must be disrcgarded.
lotteries are declared TO be public nuis.
anees. 4 Bl. Com. l6S. This statute re-
NAMED in force In England at the time OF
the declaration Of American independence
and being applicable to our situation:
constitutes 9 part Of tho common law OF
the United States. From the language
employed in the Constitution. II 10 evident
that this was the understanding OF tts
trainers. In tho 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.
sidered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of tho Legislature
only. Bet this authority wds rithhsfd, and
the Act Of March 8, 1871. being In direct
violation Of the prohibition, 10 mneo"'t'fa'
tonaI. Since, then. this lottery 10 unau.
thorized by common law or valid statute,
IL follows that the objection urged that the
Act Of 1878 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 IL 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"
The petitioner 10 remanded to the Gus
tody whence he came.