Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-11

ing OF this Court In er pdrts Blanchard,
which To-. Of itself. absolntely oonolnstye
upon both Of the points NO have disorssed.
But IL has been attempted, BY . desife
upon our part, 10 show that nc authority
could b found In any Of The sdjudioatod
cases In the United States 10 sustain the
position commanded for BY respondenhi
and that no argument has been advanced
BY respondents, upon either Of these
points, that has mot heretofore been do.
cided adversely 70 them BY the Courts Of
other States, where the constitutional
provisions are Substantially the same Is
our own.
II Is proper to add that We have arrived
at the conclusion stated without consider-
ing the question Of tho morality, or i'm
morality Of this particular scheme. II
makes no difference whether IL was set on
foot purely for the purpose Of raising rev.
enue for the benefit Of the "lnssne q
Charitable Fund" Of this State, or whether
Il belonged TO that class Of lotteries that
are made up Of ~peounisry prizes and min
lister TO the love Of gain ; whose schemes
address themselves In the grossest and
most revolving form directly 70 that sordid
passion, and 70 no Other sentiment /; whers
the managers receive . pecuniary prodt
and enlist ri corps Of sodve seduosra 70
draw the weak and unwary Into the pur-
chase Of tickets" BY extensive advertise
msnts containing brilliant pictures OF the
favorable chances to acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision, q was argued By respon.
dents' counsel, that the people OF this State
are essentially . gambling people, ready
at all times 70 taks the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals OF the peo.
Die would result II this game OF chance
was allowed 10 proceed.
This question Il one that must DO con.
sidered - settled BY the adoption Of the
constitutional provision ex parte Darling,
recently decided
In the Art Union case, 10 which we have
frequently referred. II was claimed that
the enterprise was really Of . meritorious
character, and that u differed, In this 70.
spoot, from the lotteries whore the mana.
ayers were 70 receive the lions share Of
the profits. The Court, In answer TO this
argument, said:
"Ifn no lotteries had existed excepting
such ~ is contained In the Art Union
scheme, Il Ia not probable that they would
have been forbidden BY the Constitution
or by law. It's misohiefs arc certainly not
20 apparent - II Its prizes were to DO paid
In money, or - IL would DO II framed for
the purpose OF enticing the necessitous and
improvident into is hazards. But this
case cannot DO decided. according to
the views We may entertain OF the probable
good or evil consequent upon the exeou'
tiou Of the scheme. Tho Constitution
took away tho power Of determining
whether this or any other lottery WAS Of
good or evil tendency, and certainly did
not intend TO confer that power on the
judicial tribunals. II IL were 70 DO I'D
mitted that the scheme 10 entirely harm
less In It's consequences. 1t would form no
ground for making IL by judicial con,
struction an exception TO tho general and
absolute constitutional prohibition"
1.-THE law knows no person; IL 10 moi
made for the individual man, but for men.
As the dew OF heaven falls. 20 IL bears
alike upon the just and unjust" tStae
W. Pierce, 8 New, 30i.
II smiles and frowns upon all alike. II
makes no distinctions. Submission 70 Ii
authority Is incumbent upon all.
Third-It In unnecessary 70 discuss any
Of the other points suggested BY respon'
dents council.
We will not presume. In advance. tha'
respondents intend TO violate the law.
From the views already expressed u II
apparent that IL would mako no differenc,
whether respondents base their right Y
act In the premises under tho articles q
incorporation or under tho provisions o.
the Act Of the Legislature. In either even
their Acts would be without warrant O.
law.
Tho Judgment OF this Court IL that tn,
respondents have no right. liberty. Of
franchise, by virtue Of any law, TO sdver
tiss, print, circulate or sell any tickets II
the scheme or enterprise Of tho '.Nevsdi
Benevolent Association" within this State
or TO do any Of the acts specified In the
statute. 80 aid the Nevada Benevolent
Association" approved March Q. 1881
Stat. 1881, 1861; and that the costs o.
this proceeding bs taxed against them.
HAwLRY, ].
We concur LEONARD, @. j.
BELXyAP, ].