Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-25
SUPREME COURT DECISION.
W. uubll.h below the decision Of 0,

We publish below the decision OF our
Supreme Court In the matter Of ez parfs
Blanchard (s lottery case). delivered In
the January term Of 1874. Opinion was
delivered BY Judge Bslkpap:
The "Hsvada Benevolent Association"
was authorized by an Act Of the Lesisla.
turs, approved March 9, 1871. to give not
exceeding three public entertainments or
Gift concerts, and 10 sell tickets OF admis'
siou 10 the same emitting the holder 70
participate In distribution Of awards "by
rafls or other scheme Of like character.
The petitioner 10 the managing agent .,
the association. He has been arrested
aud d In custody for selling lottery ucken'
contrary 10 the provisions OF the statute.
approved March Z, 1873. entitled "An 90.
10 prohiblt iottsries." The tickets SOLO
we're thoss Of The "Nsvsds Benevolent As
ISOLATION"
IIh clear that the Act OF March .. 1871,
sanctions lottery. The character OF the
scheme 10 In no wise changed BY the char
table purpose expressed In its title, nor
bv calling the drawings entertainments
or eift concerts" The ffth section OF the
Act declares that "nothing In this Act
contained shiil Be construed ~ authoriz'
Ing lottery In this State, or - allowing
the sale Of lottery tickets contrary TO the
proyisions Of the Constitution"
The State government 10 divided BY the
organic law into executive, legislative aud
judicial departments. and no person
charged with the exercise Of powers prop
erly belonging 70 one Of these departments
shall exercise any functions sPpertsining
to either Of the others except IN cases ex-
pressly directed or permitted. Const. Art.
III. The construction to be placed upon
this Act must be determined BY the Court
alone. The attempted exercise OF this
power by tho Legislature was an assumP..
lion Of the functions Of the judiciary, and
must be disregarded. -,
By statute 10 and II, W. III. Q. II. oil
lotteries are declared 10 be public nuis'
spces. 4Bl. Com. l68. 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. II 10 evident
that this was the understanding OF its
trainers. In the restriction upon the
power Of the Legislature. IL Is not said
that lotteries shall be prohibited, but that
"po lottery shall be authorized BY this
State" This constitutional clause con.
sidered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. Bat his authority eas rifhhsid, and
the Act Of March 8, 1871. being In direct
violation Of the prohibition, 10 uneo"'titu'
tionai. 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 con-
tracts 10 without force.
We are Of opinion that the act TO pro-
hibit lotteries took effect, as by the terms
Of its tenth section II 10 declared II shall,
..from and after the frst day Of January,
one thousand eight hundred and seventy:
four" and IL 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"
The petitioner 10 remanded to the Gus
tody whence he came.