Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-09

tng of khis Court In - ports Blanchard,
which 10. Of ITSELF. absolutely conelust,e
upon both Of he potnhwe have discussed.
But u has been attempted, by Q desire
upon q part, 10 chow that NO authority
could Be found In any Of the adjudiosted
cases 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-
oided adversely 70 them BY tho Courts OF
other States, where the constitutional
provisions arc Substantially the anne -
our own.
II Ii proper 10 add that ws have arrived
81 the conclusion stated without consider
ing the question Of tho morality or i'm
morality Of this particular scheme. Il
makes no difference whether IL was yet on
foot purely for the purpose Of raising rev.
enue for the benefit Of the "Insane and
Charitable Fund" Of this State, or whether
10 belonged 70 that class Of lotteries that
arc msde up Of pecuniary prizes and min
ister 10 the love Of gain |; whose schemes
address themselves In the grossest and
most revolving form directly 70 that sordid
passion, and 70 NJ other sentimsntj whsre
the msnsgsfs receive . pseunisry pront
and enlist " . corps Of SOLVE seducers 10
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise
msns containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
It may DO admitted for the purposes Of
this decision. - was argued by respon-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
1t all times TO take the Desperate chances
which lotteries Afford. and that 10 In.
furious effects upon the morals Of the peo-
pie would result II this game Of chance
was allowed 70 proceed.
This question 10 one that must DO con.
sidsred a. settled by the adoption Of the
constitutional provision lex parte Darling.
recently decided.
In the Art Union case, TO which We have
frequently referred. IL was claimed that
the enterprise was really OF . meritorious
character, and that II differed. In this 70.
speot, from the lotteries where the mana.
ayers were TO receive the lions share Of
tho profits. The Court, In answer 70 this
argument. said:
"If NO lotteries had existed excepting
such Is Is contained In the Art Union
scheme. II 10 not probable that they would
have been forbidden BY the Constitution
| or by law. It's misohisfs are certainly not
30 apparent a. II its prizes were to be paid
In money, or - IL would DO II framed for
the purpose Of entioing the neoessitous and
improvident into iA hazards. But this
case cannot DO decided according 10
tho views We may entertain Of the probable
good or evil consequent upon the oxeou.
ton Of tho scheme. The 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 we're to DO adj
mitted that the scheme Is entirely harm.
less In Its consequences, II would form NO
ground for making IL by judicial con.
~struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person |; IL 10 not
made for tho individual man, but for men.
As tho dew Of heavsn falls. 70 II bears
alike upon the Just and unjust" Estate
vs.. Pierce. 8 New, 30I.l
1t smiles and frowns upon all alike. II
makes no distinctions. Submission TO is
authority Is incumbent upon all.
Third-It Ia unnecessary 10 discuss any
Of tho other points suggested BY respon-
dents' council.
We will not presume, In advance, that
respondents intend TO violate the law.
From the views already expressed II 10
apparent that II would make no difference
whether respondents base their right TO
act in the premises under tho articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In either event
their Acts would be without warrant OF
law.
The Judgment OF this Court Is that the
respondents have no right. liberty. or
franchise. BY virtue Of any law, 70 adver-
tlse, print. circulate or sell any tickets In
the scheme or enterprise Of tho Nevada
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute. "to aid the Nevads Benevolent
Association" approved March o, 1881
Stat. 1881. 1901 and that the costs Of
this proceeding bs taxed against them.
HAwLEY, j.
We concur LEONARD, O. ].
'BELxSAP. ]. .