Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-23
COLD HILL STOREY CO.. MAY % 1881

revenue, they would net have used The
language they did In The concluding sen.
tenoe, " Nor shall the sale Of lottery tick
ets be allowed" These words clearly
shov that u was mot intended that AM
lotssry should be authorized BY this 6tstt
for any purpose.
The words "by this State" q used In
our Constitution. and the words In thii
State" "or within this State" - used
In the Constitutions Of New York. have
virtually the same meaning.
"No lottery shall bs authorized BY thii
STATE. nor shall the sale Of lot.sry tickets
be allowed"
This language applies 70 al lotteries,
whether public or private. To lotteries
conducted BY the State By the church
BY private individuals; By benevolent and
charitable associations, Ind By corpora.
tons.
No lottery Of any kind osn b author.
ised By the Lsgislaturs under the present
Constitution. . . . . .
We again repeat what, 10 seems TO us,
must be evident 10 every unbiased and I'm.
partial mind. that the language Of the
constitutional provision y too plain for
argument. That under u the Legislaturs
cannot suthorixs any lottsry In this State,
and that the Act approved March Q, 1881.
10 null and void.
We are conscious Of the fact that u was
unnecessary 70 add anything 70 the reason.
ing Of this Court In ss parts blanchard.
which 10, Of itself. absolutely conclusive
upon both Of the points ws have discussed.
But Il has been attempted. BY . desire
upon our part, TO show that no authority
could bs found In any Of the adjudioatsd
cases In the United States TO sustain the
position contended for BY respondents
and that no argument has been advanced
BY respondents, upon either OF these
points, that has not heretofore bean dc.
cidsd adversely to them BY the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own.
Il is proper TO add that We have arrived
Of the conclusion stated without consider
ing the question Of tho morality, or i'm.
morality Of this particular scheme. II
makes no difference whether u was set on
foot purely for the purpose Of raising rev.
enue for the benefit Of the "Insane and
Charitable Fund" Of this State, or whether
Il belonged 70 that class Of lotteries that
are made mp Of pscunisry prizes and min
lister to the love Of gain whose schemes
address themselves In the grossest and
mos. revolving form directly 70 that sordid
passion, and 70 no other sentiment where
the managers receive . pecuniary prodt
and enlist "s corps Of sctive ssducsrs 70
draw the weak and unwary into the pur'
chase Of tickets" BY extensive advertise.
msnts containing brilliant pictures Of the
favorable chances 10 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
at all times 70 take the desperate chances
which lotteries afford, and that no In.
jurious effects upon the morals OF the peo.
Die would result II this game OF chance
was allowed TO proceed.
This question 10 one that must be con.
sidsred a. settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided.
In the Art Union case. 10 which ws have
frequently referred, 10 was claimed that
the enterprise was really Of meritorious
character, and that u differed, in this 70.
spsot, from the lotteries where the mana.
ayers we're 70 receive the lions share Of
the profits. The Court, In answer TO this
argument, said:
"If no lotteries had existed excepting
such ~ II contained In the Art Union
scheme, u 10 not probable that they would
have been forbidden by the Constitution
or BY law. Ih misohiefs are certainly not
30 apparent - II IT. prizes were to bs paid
In money, or - IL would be II framed for
the purpose Of enticing the neoessitous and
improvident into it, hazards. But this
case cannot bs decided according to
the views We may entertain Of the probable
good or evil consequent upon tho execu.
ton Of the scheme. The Constitution
took away the power Of determining
whether this or any other lottery was Of
good or evil tendency, and rsrtainly did
not intend 10 confer that power on the
judicial tribunals. II IL were TO be ad.
mitted that the scheme 10 entirely harm.
lees In its consequences, IL would form no
ground for making 10 BY judicial con.
struction an exception 70 the general and
absolute constitutional prohibition"
Courts cannot make any distinction. In
this respect, - TO the nature Of the trans.
action or the character Of persons engaged
In II. II II their bounden duty 70 declare
the Law.
1.-THE law knows no person u II not
made for the individual man, but for men.
Al the dew Of heaven falls, 20 IL bears
alike upon the Just and unjust" State
W. Pierce. 9 New, 804.
II smiles aud frowns upon all alike. II
makes no distinctions. Submission 70 its
authority Il Incumbent upon all.
Third-It II Unnecessary 70 discuss any
Of the other points suggsstsd BY rsspon-
dsnts' council.
We will not presume. in advance, that
respondents intend 10 violats the law.
From the views already expressed Ill
apparent that 10 would make no difference
whether respondents base their right 10
act In the premises under the 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 10 that the
respondents have no right. liberty. or
franchise, BY virtue Of any law, 70 sdver.
tise, print, circulate or sell any tickets IN
the scheme or enterprise Of the Nevada
Benevolent Association" within this state'
or 10 do any Of the acts specified IN me
statute, "to aid the Nevada Benevolent
Association" approved March .. lSS!
[Stat., 1881. l66I and that the costs OF
this proceeding be taxed against them.
HAwLIY, J.
We concur LKoNARp, CD
BxLxNAP. ].
NOTHING SHORT OF
unmisssksbls benefits conferred upon tsns Of