Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-16

SUPREME COURT DECISION.

We publish below the decision OF our
Supreme Court In the matter Of er pdrGe
Blanchard 10 lottery case). delivered In
the January term Of 1874. Opinion Was
delivered by Judge Bslknap:
The Nevada Benevolent Association"
Was authorized BY an Act Of the Legisia.
ture, approved March 8, 1871. 70 give not
exceeding three public entertainments or
Gift concerts. and 70 sell tickets Oh admis'
sion 10 the same emitting the holder 70
participate In distribution Of awards "by
raffis or other scheme Of like character" "
The petitioner IL the managing agent OF
the association. He has been arrested
and il In custody for selling lottery tickets,
contrary to the provisions Of the statute,
anproyed March 4, 1873, entitled IAN aot
10 prohibit lottsries.'' The tickets sold
we're those Of the "Nsvada Benevolent As
ISOLATION" o,,
II n clear that the Act Of March 8, 1871.
s.nctious 4 lottery, Tho character OF the
scheme 10 In no wise changed BY the char
liable purpose expressed In It, nue' nor
by calling the drawings entertainments
or eift coucerts." The 9th section OF the
Act declares that "nothing In this Act
contained shall be construed - authoriz.
ing . lottery In this Sts<e, or - allowing
the sale Of lottery tickets contrary 10 the
provisions OF tho 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
erly belonging to one OF these departments
shall exercise any functions appertaining
to either Of the Others except IN cases e1'
pressly directed or permitted. Const. ART
IN. The construction to be placed upon
this Act must be determined BY the Court
alone. The attempted exercise of this
mower by the Legislature was an assump-
tion Of the functions Of the judiciary, and
must be disregarded. 4,
Nv statute 10 and IL. W. III. o. II. all
lotteries are declared to be public nuis'
ances. 4Bl. Com. l6S. This statute 70.
NAMED 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 tho understanding OF its
trainers. In the restriction upon the
power Of the Legislature. 10 10 not said
that lotteries shall be prohibited. but that
..uo 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. Bat III. authority 'eos 'e'thhsfd. and
the Act Of March 8. 1871. being In direct
violation Of the prohibition, 20 aaeo"'''fn'
bonai. Since, then. this lottery Is unau'
thorized BY common law or valid statute,
IL follows that the objection urged that the
Act OF 1873 impairs the obligation Of con-
tracts 10 without force.
We are Of opinion that the act 70 pro-
hibit lotteries took effect. a. BY the terms
Of i,s tenth section II Is declared 1t 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 I Association In providing means
to erect an insane asylum"
The petitioner 10 remanded to the Gus
tody whence he came.