Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-28

Ing OF this Court In &c parfs Blanchard.
which 10. Of itself. absolutely conclusive
upon both Of the points ws have discussed.
But IL has bean attempted. BY Q desire
upon our part, 70 show that nc authority
could b found In any Of the adjudicated
cases In the United States 70 sustain the
position COMMANDED for by respondents ;
and that no argument has been advanced
By respondents. upon either Of these
points, that has not h~eretofors been do.
cided adversely 70 them by the Courts Of
other States, where the constitutional
provisions are substantially the same -
our owl.
A tbs conclusion stated without consider.
ing the question OF the morality. or I'm.
morality Of this particular scheme. II
makes NO difference whether II was set on
foot purely for the purpose Of raising rev.
enue for the benefit Of the "lnsane and
Charitable Fund" Of this stste, or whether
Il belonged 70 that class Of lotteries that
are made up Of pocuniary prizes and min
istsr 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 sentiment; where
tho managers receive . pecuniary proft
and enlist " corps Of active seducers TO
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise
ments containing brilliant pictures OF the
favorable chances 10 acquire sudden
wealth.
II may be admitted for the purposes Of
this decision. - was srgued 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.
furious effects upon the morals Of the peo.
pie would result II this game Of chance
was allowed 70 proceed.
This question 10 o that must DO con.
sidered q settled BY the adoption Of the
constitutional provision lex parte Darling.
recently decided.
In the Art Union case, 70 which We have
frequently referred. IL was claimed that
the enterprise was really Of . msritorious
character, and that IL differed, In this re-
spect, from the lotteries where the mana.
ayers we're 10 receive the lions share Of
the profits. The COURT, In answer 70 this
argument, said:
"Ifn NO lotteries had existed excepting
such - 10 contained In the Art Union
scheme, II IL not probable that they would
have been forbidden by tho Constitution
or by law. IT. mischiefs are certainly not
90 apparent - II lis prizes were to DO paid
In money, or - IL would DO II framed for
the purpose OF enticing the necessitous and
improvident into is hazards. But this
case cannot be decided according 10
the views We may entertain Of the probable
good or evil consequent upon the 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 certainly did
not intend 10 confer that power on the
judicial tribunals. II II we're TO bs I'd.
mitted that the scheme 10 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"
"The law knows no person; II 10 not
made for the individual man. but for men.
Az the dew Of heavsn falls. 20 II bears
alike upon tho Just aud unjust" Estate
W. Pierce, 8 New, 804.
Il smiles and frowns upon all alike. 1t
makes no distinctions. submission 10 Its
authority 10 incumbent upon oil.
Third-It 10 unnecessary 10 discuss any
Of the other points suggested by respon.
deuts' council.
We will not presume. In advance. that
respondents intend to violate the law.
From the views already expressed IL 10
apparent that IL would make no difference
whether respondents base their right to
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 Is that the
respondents have no right. liberty. or
franchise, BY virtue Of any law. to adver.
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 the
statute, "to aid the Nevada Benevolent
Association" approved March 9. 1881
tstat., 1881. 1851; and that the costs Of
this proceeding be taxed against them.
HAwLEY, ].
We concur LEONARD, @. ].
BELKNAP, j.