Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-01

ing Of this Court In % parfs Blanchard.
which 10, Of itself. absolutely conclusive
upon both Of the points We have discussed.
But IL has been attempted. by . desirs
upon our part. TO show that no authority
could b found In any Of the sdjudicated
oases In the United States 10 sustain the
position commanded for BY respondents;
and that no argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been de-
cided adversely 70 them By tho Courts Of
othsr States, vhere the constitutional
provisions are substantially tho same -
our OWE.
st the conclusion stated without consider
ing the question Of the morality. or i'm.
morality Of this particular scheme. IL
makes no difference whether II was cot on
foot purely for the purpose Of raising rev.
epue for the benefit Of the "Inssne and
Charitable Fund" OF this State. or whether
u belonged 70 that class OF lotteries that
are made up Of peouniary prizes and min.
lister 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 senttmentj where
the managers receive . pecuniary proft
and enlist I" corps Of active seducers TO
draw the weak and unwsry into the pur.
chase Of tickets" BY extensive advertise
ments containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision, - wls argued By respon-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
a. all times 10 taks the dssPsrsts 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 10 proceed.
This question 10 one that must 30 con.
sidsred - settled by the adoption Of the
constitutional provision or psrts Darling.
recently decidsd.l
In the Art Union case, to which We have
frequently referred, IL wa claimed that
the enterprise was really Of . msritorious
character, and that IL differed. In this re-
spect, from the lotteries where tho mana.
aaers were to receive the Lions share Of
tho profits. The Court, In answer 10 this
argument, said:
eff no lotteries had existed excepting
such n 10 contained In the Art Union
scheme, IL IL not probable that they would
have been forbidden by the Constitution
or by Law. It's misohisfs are certainly not
20 apparent - II its prizes were to 30 paid
In money, or % IL would DO II framed for
the purpose OF enticing the necessitous and
i~mprovident into It's hazards. But this
case cannot DO decided according 70
the views We may entertain Of the probable
good or evil consequent upon the execu.
tion OF the scheme. Tho Consultation
took away the 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 10 b ad-
mitted that the scheme In entirely harm.
less In its consequences, IL would form NO
ground for making IL By Judicial con;
struction an exception TO the general and
absolute constitutional prohibition"
1.-THE law knows no person ; IL 10 not
made for tho individual man. but for men.
Az the dew Of heaven falls, 10 II bears
alike upon tho Just and unjust" Estate
vs. Pierce, 8 New, 304.l
It smiles and frowns upon all alike. II
makes no distinctions. Submission TO il
authority Il incumbent upon al.
Third-It Is unnecessary 70 discuss any
Of tho other points suggested BY respon-
dent' council.
We will not presume. In advance. that
respondents intend 70 violate the law.
From the views already expressed ~ 10
apparent that 10 would make no difference
whether respondents base their right 70
act In the premises under the articles OF
incorporation or under tho provisions OF
the Act OF the Legislature. In either event
their Acts would DO without warrant OF
law.
The Judgment Of this Court 10 that the
respondents have no right. liberty. or
franchise, by virtue Of any law, TO adver.
tiss, print, circulate or sell any tickets In
the scheme or enterprise Of the "Nevada
Benevolent Association" within this State.
or TO do any Of the acts specified In the
statute, Ito aid the Nevada Benevolent
ASSOCIATION" approved March Q. 1881
Stat, 1881. 1881 and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEONARD, O. j.
BELxSAP. ].