Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-12

ing Of this Court In 70 pasts Blanchard.
which 10, Of itself, absolutely conclusive
upon both Of tho poiph we have discussed.
But Il has been attempted, BY . deaire
upon our part 70 show that no authority
could DO found In any Of the adjudicsted
Gases 10 the United States 10 sustain the
position commended for BY respondents
and that no argument has beeu advanced
by respondents, upon either Of thess
points, that has not heretofore been de-
cided adversely 70 them BY the Courts Of
other States, whore the constitutional
provisions arc substantially the same -
q OWL.
II Is proper 10 add that No have arrived
ct the conclusion stated without oonsidsr-
ing the question Of tho morality. Of i'm.
morality Of this particular scheme. II
makes no difference whether u was oct on
foot purely for the purpose Of raising rev.
emu for the benefit Of tho "Insane and
Charitable Fund" Of this State, or whether
IL belonged 10 that olass Of lotteries that
are made up Of pecuniary prizes and min.
lister 10 the love Of gain ; whose schemes
address themselves In the grosssst and
most revolving form directly 10 that sordid
passion, and 10 no other sentiment; where
the managers receive . pecunisyy pront
aud enlist "s corps Of sotive ssduoers 10
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.
Il may DO admitted for the purposes Of
this deoision, - was argued BY rsspon-
dents' counsel, that the people Of this State
are essentially Q gambling people, ready
At all times TO taks 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 Is settled by the adoption Of the
constitutional provision ex parts Darling,
recently decided.l
In tho Art Union case, 70 which We have
frequently referred, IL was claimed that
the enterprise was really Of Q m~eritorious
character, and that Il differed, In this re-
speot, from the lotteries where the mana.
ayers were 10 receive the lions share OF
the profits. Tho Court, In answer TO this
argument, said:
"If no lotteries had existed excepting
such - In contained In tho Art Union
scheme, IL 10 not probable that they would
have been forbidden by the Constitution
or by law. Is misohiefs are certainly not
30 apparent % II Its prizes were to be paid
In money, or ~ IL would DO II framed for
the purpose OF enticing the neoessitous and
improvident into Its hazards. But this
case cannot DO decided according to
the views We may entertain Of the probable
good or evil consequent upon tho execu-
ton Of tho 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 IL were 70 DO I'D.
mitted that the scheme is entirely harm
less In is consequences. IL would form no
ground for making 10 BY judicial CON.
struction an exception 10 the general and
absolute constitutional prohibition"
"The law knows no person IL 10 not
made for the individual man. but for men.
Az the dew Of heaven falls, 20 IL bears
alike upon the just and unjust" Estate
W. Pierce, . New, 304.l
It smiles aud frowns upon all alike. II
makes no distinctions. Submission TO Its
authority 10 incumbent upon all.
Third-It Ii unnecessary 10 discuss any
Of the other points suggested BY respon-
dents' council.
We will not presume. In advance. that
respondents intend 70 violate the law.
From the views already expressed II 10
apparent that II would make no difference
whether respondents base their right 70
act In the premises under tho articles Of
incorporation or under the provisions Of
tho Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
The Judgment Of this Court IL that the
respondents have no right. liberty. or
franchise. by virtue Of any law. 70 advsr.
tiss, print, circulate or sell any tickets In
the scheme or enterprise Of the Nevada
Benevolent Association" within this State,
or TO do any Of the acts specified In the
statute. ITO aid the Nevada Benevolent
ASSOCIATION" approved March 8. 1881
Stat. 1881, l68I; and that the costs Of
this proceeding be- taxed against them.
HAwLEY, ].
We concur: LEONARD, G. ].
BELxNAP, ].