Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-21
coD HI STOREY CO.. NEVADA: JUNE 2 1881

J.. NEVADA: TUESDl
revenue, they would met have used The
LANGUAGE they did In the concluding ssn.
tsnce, !" Nor shall the sals Of lottsry tick
an Be allowed" These words clearly
shov thst Il was not intsndsd that sny
lottery should b suthoFissd b. this Ststs
~. Tbs E vords "by this sass." y used In
our Constit tion. and the words "in thii
snte." cor within this 9tsas," . used
IN he Constitutions Of NsV York, havs
virtually The same meaning.
"No lottery shall b suthosissd' 'hy thii
STATE, nor shall The sale od lottery tleksll
Be- allowed"
This Language sppliss 70 Ill lotteries.
whether public or privats. 10 lotteries
conducted By the 6tsts By The church
by privsts individuals by bsusvolsos and
charitable associations, and By corpora.
uons.
No lottery Of any hind esn b suthor.
issd By the tsgislsturs usdsr ths present
Coushtution. . 80 .
We again repeat what u sssms 70 n,
must be evident 70 every unbiased and I'm.
partial mind. that The language Of the
constitutional provisioa d zoo plain for
argument. That undse u ~ LsGislsturs
cannot suthoriss any lot>sry y this 6tats.
and that the Aot APPROVE karsh ., 1881,
10 null and void. -. -, :
We arc oonssious oe the fact thai u wss
unnecessary 70 add anything 70 thereason.
ing Of this Court In 80 parts Blanchard,
which 10, Of itself. absolutely conclusive
upon both Of The points We have discussed.
But Il has bssn attempted, By . dsstrs
upon our part, 70 show that no authority
could b found In any Of the adjudioatsd
cases In the United States 70 sustain the
position oontended for By respondents
and that no argument has been advanced
BY respondents, upon either Of these
polns, that has not heretofore bean do.
oided adversely 10 them By the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own. -.
Il Il proper 10 add that 10 have arrived
a the conclusion stated without oonsider-
ing the question Of the morality. or I'm.
morality Of this particular scheme. II
makes no difference whether 10 was set on
foot purely for the purpose Of raising rev.
suus for the benefit Of the "lnssns and
Charitable Fund" Of this State, or whethsr
Il belonged 10 that GLASS OF lotteries that
are made up Of pecuniary prizes and min.
ister 10 the love Of gain whose sohemes
address themselves In the grossest and
most revolving form directly 70 that sordid
passion, and 70 no other sentiment; whste
the managers receive . pecunisry pront
and enlist "a corps Of active seducsrs 70
draw the weak and unwary Into the pur'
Chase Of tckets" BY extensive advsrttss-
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may bs 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 ali times TO take the desperate chances
which lottsriss Afford, and that no In
furious effects upon the morals Of the peo.
pie would result II this game Of chance
was allowed 10 procssd.
This question 10 one that must b CON-
sidered - settled BY the adoption OF the
constitutional provision lex parts Darling.
recently dscided.I
In the Art Union case, 10 which We have
frequently referred, IL was claimed that
the enterprise was really Of msritorious
character, and that II differed, In this ~.
spect, from the lotteries where the mana.
ayers we're 10 receive the lions share oi
the prohh. The Court, In answer 70 this
argument, said:
"If no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, Il 10 not probable that they would
have been forbidden BY the Constitution
or BY law. Ih misohiefs are certainly not
10 apparent - II its prizes were to bs paid
In money, or - u would b II framed for
the purposs Of entioing the nscessitous and
improvident into its hsxards. But this
case cannot bs decided according 70
the views No may sntsrtain Of the probabls
good or evil ooussqusnt upon the sxecu'
ton Of the scheme. The Constitution
took away the power Of dstsrmining
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 IL we're 70 30 I'd.
mittsd that the scheme Il entirely HARM
lsss In it, consequences, u would form no
ground for making 10 By judicial con.
structlon an exception 10 the general and
absolute constitutional prohibition.
Courts cannot make any distinction, In
this respect, % 10 the nature Of The trans.
action or the character Of persons engaged
In Il. II Il their boundsn duty 70 declare
the Law.
"Ths Law knows no persSn; u 10 not
made for tho individual man. bat for msn.
Al the dew Of heaven falls, % u bssrs
alike upon the Just and unjust" lStaN
W. Pierce. 9 New, 8oA. :.
II smiles and frowns upon All Alike. ~
makes no distractions. Submission 70 Ii
authority 10 incumbent upon oil.
Third-It 70 unnecessary 70 discuss any
Of the other points susgsstsd by respon'
dsuts' council.
We will not presume. In advance. that
respondents intend 70 violate the law.
From the views already expressed II Il
apparent that 10 would make no difference
whether respondents base their right %
sot 10 the premises under the articles o.
incorporation or under the provisions oi
the Act OF the Legislature. In either event
their Acts would b without warrant oi
Law.
The Judgment Of this Court 10 that ths
respondents have no right. liberty. OF
franchise, By virtue Of any law, 70 sdvsr'
tise, print, ciroulats or sell any tickets 10
the scheme or enterprise Of the " "Nsvsdi
Benevolent Association" within this btats,
or 70 do any Of the aots spscinsd In the
statute, "to aid the Nevada Bsnsvolenl
Association." spprovsd March .. 1881
fstst., 1881, 1851; aud that the costs Of
this proceeding b taxed against them.
HAwLxY. ].
We concur: LIoxAlp, o. ].
BILxxAf. ].
THE SUN FOR 1881.
q; xss e D.s:a & s,ns ne: y.