Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-28
SUPREME COURT DECISION.

We publish below the decision OF our
Supreme Court In the matter OF er parte
Blanchard (a lottery case). delivered In
the January term Of 1874. Opinion was
delivered BY Judge Bslkuap:
The "Nevada Benevolent Association"
vas authorized By an Act Of the Legisls.
turs, approved March 8, 1871, TO give not
exceeding three public entertainments or
Gift concerts. and 70 sell tickets OF admis-
sion 70 the same emitting the holder 70
participate In distributionof awards "by
rafiis or other scheme Of like character"
The petitioner 10 the managing agent OF
the association. He has been arrested
and 10 In custody for selling lottery tickets,
contrary TO the provisions Of the statute,
approved March Z. 1873, entitled "Au act
70 prohibit lotteries" The tickets sold
we're those Of the "Nsvada Benevolent A.
sociation."
II il clear that the Act Of March 8, 1871,
sanctions lottery. The character OF the
scheme 10 In no wise changed BY the char
liable purpose expressed In is title, nor
by calling the drawings "entertsinments
or Gift concers." Tho fiith section OF tho
Act declares that "nothing In this Act
contained shall be construed - authorix.
ing lottery In this State, or - allowing
the sale Of lottery tickets contrary to the
provisions OF the 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
shsll exercise any functions sppertaining
TO either Of the others except In cases ex.
pressly objected or permitted. Const. Art.
III. The construction 10 be placed upon
this Act must be determined BY the Court
alone. The attempted exercise OF this
power by the Legislature was an assump..
lion Of the functions Of the judiciary, and
must be disregarded. 4,
BY statute 10 and II, w. III, Q. II, All
lotteries are declared TO be public nuis'
ances. Bl. Com. l6S. This statute 70.
mained 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 the understanding OF its
trainers. In the restriction upon the
power OF the Legislature, IL 10 not SAID
that lotteries shall be prohibited. but that
"no lottery shall be authorized BY this
State" This constitutional clause con.
sidered In the light Of tho common law
implies that lotteries could be lawfully
created by authority Of tho Legislature
only. Bat THE authority ras tcitAhsld, and
the Act Of March 8. 1871. being In direct
violation Of the prohibition. 10 aneon'tifl.
tional. Since. then. this lottery 10 unau-
thorized by common Law or valid statute,
IL follows that the objection urged that the
Act Of 1873 impairs the obligation OF oon.
tracts 10 without force.
We are Of opinion that the aot TO pro-
hibit lotteries took effect, a. by the terms
Of its tenth section 1t 10 declared 1t shall,
"from and after the frst day Of January,
one thousand eight hundred and seventy.
four" and 10 applicable to tickets sold
under the act Of the Legislature OF March
8, 1871, entitled IAN act TO aid the Nevada
Benevolent Association In providing means
to erect an insane asylum"
Tho petitioner 10 rcmanded to the Gus
tody whence be came.