Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-25

revenue, they would not have used the
Language they did In the concluding sem
tence, Nor shall the sale OF lottery tick
ets bs allowed" These words clearly
show that IL was not intended that any
lottery should be authorized BY this State
for any purpose.
The words "by this State" - used In
our Copstitut ton, and the words "in this
STATE" cor within this State" q used
| In the Constitutions Of New York, have
virtually the same meaning.
"No lottery shall b authorised BY this
STATE, nor shah The sale Of lottsry Tickets
be allowed" 7.s
This language applies 10 al lottsries.
whether public or private. To lotteries
conducted by the Stats By the church ;
by private individuals By benevolent and
charitable associations. and by corpora.
tions.
No lottery Of any kind csn bs suthor.
lied BY the Legislature under the present
Constitution. *&ss .
We again repeat what. Il seems TO us,
must be evident 10 every unbiased and I'm.
partial mind, that the language Of the
constitutional provision Il too plain for
argument. That under II the Legislature
cannot authorize any LOTTERY IN this 6tate,
and that tho Act approved March Q. 1881,
10 null and void. -. 3.
We are conscious Of the fact that u was
unnecessary 70 add anything 10 the reason.
Ing Of this Court In &c parts Blanchard,
which 10, Of itself. absolutely conclusive
upon both Of the points we have discussed.
But u has been attempted, By . desire
upon our part. 70 show that no authority
could 10 found In any OF tho sdjudicatsd
cases In the United States 70 sustain the
position oontsnded for By respondents |;
aud that no argument has been advanced
by respondents, upon either Of these
points, that has not heretofore bssn do.
cidsd adversely 10 them By the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own.
Il Is proper 10 add that We have arrived
st the conclusion stated without consider.
Ing the question Of the morality, or I'm.
morality OF this particular scheme. It
makes no difference whether II was set on
foot purely for the purpose of raising rev.
'enue for the benefit Of the "lnssns and
Charitable Fund" Of this State, or whether
IL belonged 70 that GLASS Of lotteries that
are made up Of pecuniary prizes and min
ister TO the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and TO no other sentiment; where
the managers receive . pecuniary proht
and enlist "a corps OF active seducers 10
draw the weak and unwary 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.
dents counsel, that the people Of this State
are essentially . gambling people, ready
at all times TO take the desperate chances
which lotteries afford, and that NO In.
furious effects upon the morals OF the peo.
ple would result II this game Of chance
was allowed to proceed.
This question 10 one that must bs con.
sidsred - settled by the adoption OF the
constitutional provision OK parte Darling,
recently decided.
In the Art Union case, 70 which We have
frequently referred, 10 was claimed that
the enterprise was really Of . msritorious
character, and that IL differed, 10 this re-
speot, from the lotteries where the mana.
ayers were TO receive the lions share Of
the profits. The Court, In answer 70 this
argument, said:
"If NO lotteries had existed excepting
such a. 10 contained In the Art Union
scheme, Il IL not probable that they would
have been forbidden By the Constitution
or by law. Its misohiefs are certainly not
30 apparent - II its prizes were to be paid
In money, or - 10 would be II framed for
the purpose Of snticing the nsoessitous and
improvldent into its hazards. But this
case cannot bs decided according TO
the views ws may entertain Of the probable
good or evil consequent upon tho exeou.
ton Of the scheme. Tho Constitution
took away the power Of determining
whether this or any other lottery was Of
good or evil tendency. and certainly did
not intend to confer that power on the
judicial tribunals. II IL were 70 bs I'D.
mitted that the scheme 10 entirely harm.
less In its consequences, IL would form no
ground for making u BY judicial con.
struction an exception 10 the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, a. TO the nature Of the trans.
action or the character Of persons engaged
In Il. II 10 their bounden duty 70 declare
the Law.
"The law knows no person u 10 not
made for tho individual man, but for men.
Az the dew Of heaven falls, 20 10 bears
alike upon the Just and unjust" State
W. Pierce, 8 New, So4. -
II smiles and frowns upon all alike. II
makes no distinctions. Submission 70 IT.
authority 10 incumbent upon all.
Third-It 10 unnecessary 10 discus any
Of the other points suggested BY respon'
dsnts' council.
We will not presume. In advance, that
respondents intend 10 violate the law.
From the views already expressed IL 10
apparent that II would mako no difference
whether respondents base their right 70
act In the premises under the articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In either event
their Acts would bs without warrant oi
law.
The judgment Of this Court 10 that the
respondents have NO right. liberty. or
franchise, by virtue Of any law, TO sdvsr.
tiss, print, circulate or sell any tickets IN
the scheme or enterprise Of the Nevada
| Benevolent Association" within this State,
or 70 do any Of the acts specified In the
statute, "to aid the Nevada Bensvolenl
Association" approved March .. 1881
| fStat., 1881. 1851; and that the costs oi
this proceeding b taxed against thsm.
HAwLrY, ].
We concur: LEoNARp, O. ].
BILxSAP, ].
NOTHING saoRT OF