Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-30

Ing Of this Court In - parfs Blanchard,
which II, Of itsslf. absolutely oouoluGve
upon both Of the points ws have discussed.
But 10 has been attsmpted, BY . desire
upon our part, 70 show that NO authority
could DO found In any Of the sdjudicated
Gases Ia the United States 70 sustain the
position commanded for by respondents
and that no argument has bean advanced
by respondents, upon either Of these
points, that has not heretofore been de-
cided adversely 70 thsm By the Courts Of
other States, where the constitutional
provisions ara Substantially the same -
our own.
Il is proper 10 add that va have arrived
a the conclusion stated without consider.
ing ths question Of the morality. or i'm.
morality Of this particular scheme. II
makes NO difference WHISTLER 10 was set on
foot purely for the purpose Of raising rev.
enue for the benefit Of the "Inssne and
Charitable Fund" Of this State, OF whether
u belonged 70 that GLASS Of lotteries that
are made up Of pscuniary prizes and min
ister 10 The lore Of gain |; whose schemes
address themselves In the grosssst and
most revolving form directly 70 that sordid
passion, and 70 no othsr sentiment; where
the Manager receive . pecunisry pro6t
and enlist 80 corps Of active seducers 10
draw the weak and unwsry into the pur.
chase Of tickets" By extensive advertise
ments containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision, - was argued BY respon.
dents' counsel, that the people Of this State
are essentially . gambling people. ready,
ct all times TO take the desperate chances
which lotteries Afford, and that no In.
furious effects upon the morals OF the PEG.
pie would result II this game OF chance
was allowed 10 proceed.
This question 10 o that must DO CON-
sidsrsd - settled By the adoption Of the
constitutional provision OF parte Darling,
recently decided
In the Art Union case, TO which We have
frequently referred, IL was claimed that
the enterprise was really OF . meritortous
character, and that Il differed, In this re-
spect. from the lotteries where the mana.
aaers were 10 receive the lions share Of
the profits. The Court, In answer 70 this
argument, said:
"Ifu NO lotteries had existed excepting
such - 10 contained In the Art Union
scheme, Il 10 not probable that they would
have been forbidden BY the Consultation
or by law. Ih misohiefs are certainly not
20 apparent a. II is prizes were to DO paid
In money, or - 10 would be II framed for
the purpose Of enticing the neoessitous and
~improvldent into is hazards. But this
case cannot DO decided according to
the views We may entsrtsin OF the probable
good or evil conseauent upon the execu.
ton OF the scheme. Tho Consultation
took away the power Of dstermining
whether this or any other lottery WAS Of
good or evil tendency, and certainly did
mot intend 70 confer that power on the
judicial tribunals. II Il we're TO bs ad-
mitted that the scheme IL entirely harm.
less in ~ consequence, Il would form no
sround for mstine n bv iudioisl CON.
structiou an eYoeptiou 10 he general and
sbsoluts c~onstitutionsl urohibitiop,"
"The law knows no person ; IL 10 not
made for The individual man, but for men.
Az the dew Of hesv~n falls. 90 II bears
alike upon the lust and unjust" Estate
VI. Pierce, 8 New, S0I.l
II smiles and frowns upon all alike. II