Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-15


.,,s - -. A..
revenue, n.y s,S - a.. ~ ",.S, ns.s soo IN w
isosuAes NJ ssy ~, G - -. ~ III. Is - i".s.s ~ ~
tence, sn NvI .u 'Ir M. - VI .osety ae.
eh oe nioWeo Inese woros oiesfiy
show tn,t ~ ~ ne. insended tnas sn!
lottery snouio " so'aof'ssd ~ tns oAs'
for any purpose.
Tne Wo,os .oa eAn, ussc y
our Consu.unon; nna tne noros IN tnii
STATE, or Mnln tns 5An USE
In the oonsusuuons o. NEW xofk' nav
virtually tne ss%e MsAning
"No iotssry snai % sntnoriseo ~ snil
STATE, nor ensii sns saie OF iotssfy uoksa
be allowed -
This language appies 70 al lotteries
whsthsr public or privss. TO lotteris'
conducted by the btae by the churoh
BY private individuals BY bsnevolsnt snt
charitable assooiaaons' and BY corpora
lions.
No iottsry Of any kind can bs author
ised by the Legislature under the prsssn,
Constitution. - 4
We again repeat what, u seems 70 us
must b evident 70 svery unbiased and In
partial mind. that The Language Of ths
constitutional provision II too plain feI
argument. That undsr u ths Lsgislsturs
cannot authoriss any lottery 10 this State,
and that the Act approved March ., 1881
10 null and void.
We are conscious Of the fact that u VA
unnecessary 70 add anything 10 the reason
Ing Of this Court In .. parts Blanchard.
which To-. Of itself. absolutely conclusive
upon both OF the points We have discussed.
But 10 has been attempted, BY . desire
upon our part, 70 show that no authority
could be found In any OF the sdjudioated
cases in the United States 10 sustain the
position con.snded for By respondents
and that NO argument has been advanced
BY respondents, upon either Of these
points. that has not heretofore been do.
cided adversely 70 them BY the Courts Of
other States, where the constitutional
provisions are Substantially the same ~
our own.
II 10 proper 10. add that We have arrived
at the conclusion stated without consider.
ing the question Of tho morality. or I'm.
morality Of this particular scheme. II
makes no difference whether u was set on
foot purely for the purpose OF raising rev.
enue for the benefit OF the "lnsane and
Charitable Fund" OF this State, or whether
Il belonged 70 that class Of lotteries that
are made M OF peouniary prizes and min.
ister 10 the love Of gain whose schemes
address themselves In the srossest and
most revolving form directly 10 that sordid
passion. and 70 no other sentiment; where
the managers receive . pecunisry pront
and enlist "a corps OF active seducers 70
draw the weak and uuwary into the pur.
chase Of tickets" BY extensive advertise.
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth. =.
Il may be admitted for the purposes Of
this decision. - was argued BY respon.
dens' counsel, that the people Of this State
are essentially . gambling people, ready
ct all times to taks the desperate chances
which lottsries afford, and that NO In.
furious effects upon the morals Of the peo.
Die would result II this game Of chance
was allowed 70 proceed.
This question 10 one that must bs oon.
sidered q settled by :he adoption Of the
constitu tionsl provision lex parte Darling,
recently decided.
In the Art Union case, 10 which We have
frequently referred, 10 was claimed that
the enterprise was really OF . mcritorious
character, and that IL differed. In this re-
speot. from tho lotteries where the mana.
ayers were TO receive the lions share Of
the profits. The Court IN answer 70 tnis
argument, said:
III no lotteries had existed excepting
suoh - 10 contained In the Art Union
scheme. Il 10 not probable that they would
have been forbidden BY the Constitution
or BY Law. Its misohisfs are certainly not
80 apparent - II its prize. were to be paid
In money. or - IL would bell framed Tor
the purpose OF enucing tne neoessitous ana
improviient into ,ts nassros. 1as 'nis
case cannot Do decided sooording 70
the views We may entertain OF the probable
good or evil consequent upon the execu'
ton Of the scheme. The Consutution
took away the power OF Determining
whether this or any other lottery, vn OF
good or evil tendency, and certainly DID
not intend TO confer that power ON tns
judicial tribunals. II IL we're 70 20 ad'
mitted that the scheme 70 entirely harm
less In its consequences, u would form no
ground for making 10 By Judicial con.
struction an exception to the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, a. 70 the nature OF tne trans.
action or the character OF persons engaged
In IL. IL II their bounden duty 70 declare
the law.
"The law knows no person IL 10 not
made for the individual man. but for men.
Al the dew Of heaven falls. 20 10 bsars
Alike upon the lust and unjust" State
W. Pierce, 8 New, 90l.l
It smiles and frowns upon al alike. II
'a!sSy i; ..s@.:.. 4 uSss J. =. d.,,.. A.,
Of the other noints suYsested by respon.
S.n,.s eorn.ii