Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-28

rsvsuus. they would pst have used the
isnsusss thsy did In ~ oonoluding ssu.
tsnos. :" Nor shall ths sals Of lot3ssy tck.
m b allowed" Tksss words clearly
shov that u was not intsndsd that say
lottsry should b suthoeissd By this ssass
40 ~ ~ vords b. this State" - ussd in
our Coustisutiou, and os words "in thi!
etsts," cor within' fhia etsss," - ussd
| in he Constitutions q Gsw York. hass
virtually ths sams msssins.
"No iosssry shall y satheeissd b. this
ssass, nor .hiil ~ sais q lossssy tsstst'
rhis isnrusss applies 70 al lo.ssries.
vhsthsr pablo OF psivsss. 10 iottsfisl
ooudustsd b. The atsas; b. ths church
by urivsts individuals b. bsusvolsat and
charitable assoeissaoas, cd By eofpofs-
No lottery Of any kind can b author.
issd by the tsgislaSlrs uadsr ths present.
Oonsitution. q o o Q .
We again repeat what Il scans 70 %.
must b. svidsnS 70 ssery unbiased and i'm.
partial mind, thas ths language Of The
constitutional proviston = TOO ptsin for
argument. That undsr. h fhs Legislaturs
cannot aathoriss any lotteey N this State.
and that the Act apptoyed March 3, 1881,
10 null and void. l'ft t.t- 20
We srs conscious q ~ fest that u NJ
Unnecessary 10 add anything 10 The rsasoe'
Log Of this Court IN - perts blssesard.
whieh 10, Of itssli. sbsolutsay eeneluai.s
upon both Of the points ~ have discussed.
But Il has bsen attempted. By . desire
upon our part. 70 show that no authority
could bs found In any Of the adJndioatsd
oases IN the United States % sustain the
position oontended for By respondsna
and that no argument has bsen advanced
By respondsnts, upon either Of thess
points, that has not herstofors bssu Dc.
cidsd adversely 70 them BY the Courts OF
other States, where the constitutional
provisions are Substantially the same -
our own.
Il 10 proper 10 add that We have arrived
a the conclusion stated without consider.
Ing the question Of the morality, or I'm.
morality OF this particular schema. Il
makes no difference whether u wss set on
foot purely for tho purpose Of raising rev.
enue for the benent Of the "lnsans and
Charitable Fund" Of this STATE, or whether
1. belonged 70 that Glass Of lotteries that
are made up Of pecuniary prises and min.
lister 10 the love Of gain whose sohsmes
address themselves IN the grossest and
most revolving form directly 70 that sordid
passion, and 70 no Other sentiment; where
the managers rsosive . pecuntsry prons
and enlist - corps OF active seduoers 70
draw the weak and unwsry Into the pur.
chase Of uoksts" By extensive advertise.
ments containing brilliant pictures OF the
favorable chances 10 acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision. % was srgued By respon.
dents' counsel, that the people Of this State
arc essentially . gambling people, ready
at all times 70 take the despsrsts 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 70 proceed.
This question 10 one that must bs con.
sidsred - settled BY the adoption Of the
constitutional provision lex parts Darling.
recently decided.
In tho Art Union case, 70 which ws have
frequently referred, 10 was claimed thai
the enterprise was really Of Q meritortoub
character, and that II differed. IN this 70.
spect, from the lotteries whsrs the mana.
ayers were TO rscsivs the lions share Of
the profits. The Court, In answer 70 this
argument, said:
"lf no lotteries had existed excepting
such - 10 contained In the Art Union
sohsms, Il 10 not probable that they would
have been forbidden BY the Constitution
= h.t.. Tts vrt.ahtsfs srs oartafnlv mt
10 apparent - II its prizes were to b paid
In money, or - u would bsn irsmsd 70.
the purpose Of entioing the necsssitous and
improvidsnt into IL hazards. But this
case cannot b decided sooording 70
the views We may entertain OF the probable
good or evil consequent upon tbs sxeou.
uon Of the scheme. The Constitution
took away the power Of determining
whether this or any other lottery vss Of
good or evil tendency. and certainly did
not intend 70 confer that power on the
judicial tribunals. II it we're 10 b I'd.
mitted that the scheme 10 entirely harm.
les In IL consequences, 10 would form no
ground for making 10 BY judicial con.
suuction an exception 10 the general and
sbsolus constitutional prohibition"
Courts cannot make any distinction, In
this respect, 20 70 the nature of ths trans.
action or the character Of persons engaged
In L.. 1t II their boundsn duty 70 declare
the Law. N
"Ths law knows no person 10 10 not
made for the individual man. bat for men.
A. the dew Of heaven falls. % IL bsars
alike upon the Just and unjust" Stats
~. Pierce, 9 New, e0k.
II smiles and frowue upon al Alike. II
makes no distractions. Submission 70 Ii
authority is inoumbsnt upon al. n.
Third-lt 10 unnecessary 70 discuss any
Of the other points suggested By respon'
dsnts' council. i.
We will not presums. In advance. that
respondents intend 70 violats the law.
From the visws already sxprssssd u ID
apparent that 10 would mako no differences
whether respondents base. thsir right V
sot IN the premises under the articles Of
incorporation or under the provisions oi
the Act Of the Legislature. In either event
thsir Acts would b without warrant oi
law.
The Judgment Of this Court 10 that The
respondents have NO right. libsrty. Of
franchise, BY virtue Of any law. 70 sdvsr'
tiss. print, oiroulsss or sell any Tickets IN
the schsms or enterprise Of the Nsvads
Benevolent Association" within this ststs,
or 10 do any Of the aots' spsoined In ths
statute, "to aid the Nevada Benevolent
Association" approved March 9, 1851
[stst., 1881, 1851; and that the costs ol
this proceeding b taxed against them.
We concur: LxoHAlD, O. ].
BYIVNkp. j,