Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-31

revenue, they would not have used the
language they did In the concluding SEN
tenoe, I" Nor shall the sale Of lottery tick
en- b allowed" These words clearly
sbow that II was not intended that any
lostsry should be authorised BY this 8tats
| for any purpose.
The words "by this State" - used Ii
our Cousti tution. and the words "in thil
eats," cor within this State" - used
| IN the Constitutions Of New York. hsvs
virtually the same meaning.
"No lottsry shall b authorized BY thli
STATE, nor shall The sale Of lottsry tisist'
be allowed" te-
This language applies 10 sll lotteries,
vhsthsr publio or private To lottsriel
conducted BY the State BY the church
by private individuAls /; BY benevolent and
charitable associations, and BY corpora.
lions.
No lottery Of any kind can b author
ised by the teglslsturs under the present
Censdtution. . Z
We again repeat what. 10 seems 70 a.,
must be svidsut 70 every unbiased and I'm
partial mind. that the language Of the
constitutional provision II too plain for
argument. That undsr Il the Lsgislaturs
cannot authorize aay lottery IN this State.
and that the Act approved March ., 1881,
10 null and void.
We are eonsslous os The fact that u wa
unnecessary 10 add anything 70 the feasos-
Ing OF this Court In 90 parts Blanchard.
which II, Of itsslf, absolutely conclusive
upon both of.ths points We have discussed.
But Il has been attempted. BY . dsaire
upon our part. TO show that no authority
could bs found In any Of the adjudioatsd
cases In the United States 70 sustain the
position oontended for BY respondents ;
aud that no argument has been advanced
BY respondents, upon either Of these
points, that has not heretofore been dc.
oided adversely TO them BY the Courts OF
other States, where the constitutional
provisions are Substantially the same -
our own.
Il 10 proper 70 add that We have arrived
q the oonsiusion stated without consider
Ing the question OF the morality. or I'm.
morality Of this particular scheme. II
makes no difference whether II was set on
foot purely for the purpose Of raising rev.
snus for the benefit Of the "Insane and
Charitable Fund" Of this State. or whether
IL belonged 70 that class Of lotteries that
are made up Of pscuniary prises and min
ister 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 . pecunisry proht
aud enlist I" . corps Of sotive ssducers 70
draw the weak and upwary into the pur.
chase Of tickets" by extensive advertise.
msnts containing brilliant pictures OF the
favorable chances TO acquire suddep
wealth.
II may be admitted for the purposes Of
this decision. - was argued By reepou-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
at all times 10 take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the peo.
pie would result II this game OF chance
was allowed to proceed.
This question 10 one that must be con.
sidered a. settled by the adoption Of tho
constitutional provision lex parts Darling,
recently decided
In the Art Union case, 70 which We have
frequently referred, IL was claimed that
the enterprise was really Of . meritorious
character, and that Il differed. In this 70.
spect. from the lotteries where the mana.
ayers were 70 receive the lions share Of
the proats. The Court. In answer 70 this
argument, said:
"If no lotteries bad existed excepting
such q 10 contained In the Art Union
scheme, Il 10 not probable that they would
have been forbidden by the Constitution
or by Law. Its mischisfs are certainly not
90 apparent - II its prizes were to be paid
In money, or - 10 would be II framed for
the purpose Of entioing the nscessitous and
improvi,lsnt into its hazards. But this
case cannot bs decided according to
the views 10 may ntsrtain 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 ad.
mltted that the scheme 70 entirely harm
less In IL consequences. IL would form no
ground for making II BY judicial con.
struction an exception 70 the general and
absoluts constitutional prohibition"
Courn cannot make any distinction, In
this respect, a. 10 the nature Of the trans.
action or the character Of persons engaged
In Il. 1t IL their boundsn duty 70 declare
the Law.
"The law knows no person u 10 not
made for tho individual man. bat for men.
Al the dew Of heaven falls, % 10 bears
alike upon the Just and unjust" State
W. Pierce, 8 New, S04.
II smiles and frowns upon all alike. IL
makes no distinctions. Submission 70 its
authority 10 incumbent upon sll.
Third-It u Unnecessary 70 discuss any
Of the other points suggested BY respon'
dsnts' couuoll.
We will not presume. IN advance, thas
respondents intend 10 violate tie law.
From the views already expressed u 10
apparent that 10 would make no difference
whether respondents bass their right TO
act 10 the premises under the articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In either event
their Acts would b without warrant Of
Law.
The Judgment Of this Court % that the
respondents have no right. liberty. or
franchise. by virtue Of any law, 70 sdver-
tiss, print, circulats or sell any tickets IN
the scheme or enterprise Of the I" Nevada
Benevolent Association" within this state,
or 10 do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
Association" approved March .. 1851
fStst., 1881, l66Ii and that the costs Of
this proceeding be taxed against them.
HAwLIT, ].
We concur: LroxAzp, C.J.
BxLxNAP. J.
NOTHING SHORT OF
unmistaksbls benefits eonfsrred upon tens Of
,Aon.anAa Of snfSansra oonld oriRinAta And