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

!. NEV ALA NUN LA
revenue, they would not have used the
language they did IN the concluding sem
s,s be allowed" These words clearly
show that Il vss not intended that Any
lottery should b authorised By this Btate
for any purpose.
The words "by this 6tsts," ~ used In
our Constitution. and the vordf" in this
State" cor within this STATE" - used
In the Conshtuaons Of New xofk, have
virtually the same meaning.
"No lottery shai b authorised by this
STATE. NOR shall ~ sale Of lottery Tickets
be allowed"
This language applies 70 all lotteries,
whsthsr public or private. To lotteries
coudustsd By The 6tste By the church
BY private individuals BY bsnevolent and
oharitabis assooaAuons' and .py corpora
lions.
No lottery Of any kind can b author
ICED By the Lsgislstnrs under the present
Constitution. . =
We again repeat what, IL seems 70 u.s.
mnst be evident 70 svery unbiased ana In
partial mind. thas ths Language OF the
constitutional provision 70 TOO plain Tor
argument. Thss under u me Legisiatnre
cannot authori0 ny iottefy 10 tnis snte'
and that ths Acs approved hArcn " 1851
u null sAd vote>
We are conssi1ds Of the faot that 1t vas
unnecessary 70 add anything 70 the reason.
Ing OF this Court In 81 pdrts Blanchard
which 10, Of Itself. absolutely oonolusive
upon both Of the points We have discussed.
But 1t has been attempted, by deaire
upon our part. to show that no authority
could 10 found In any OF tho adjudicateo
cases in the United States TO sustain the
position oontended for By respondents ;
aud that no argument has been advanced
BY respondents, upon either OF these
points. that has not heretofors been dc.
oided adversely 70 them by the Courts Of
other States, where the constitutional
provisions are Substantially the same -
our own.
II 10 proper to 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. Il
makes no differences whether II was set on
foot purely for the purpose Of raising rev.
enus for the bcnent Of the "Insans and
Charitable Fund" Of this State, or whether
IL belonged 70 that class OF lotteries that
are made up Of pecuniary prizes aud min.
lister to the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly 70 that sordid
passion, and 70 no other sentiment; where
the managers receive . pecunisry pront
aud enlist Z" Q corps Of active ssducers 70
draw the weak and uuwsry into the pur.
chase Of tickets" BY extensive advertise.
msuts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il NAV be admitted for the purposes Of
this decision. A was srRued By rerpon.
dents' oounsei. that the people Of this State
are ss.enti.lly 4 gambling people, ready
AZ ali times 10 take the desperate chances
which lotteries Afford, and that NO In.
jurions effsots upon the morals Of the peo.
nIs vou,a rssnit N tbis esme Of chance
va. va .IIorsa To proceed.
This one,.ion Il one that mu,t be con.
.;dsrsd a ssitIed by the sdoption Of the
constitutionai proyisiop ex psrts Darling,
recently decided. 4
Tn The Art Union cass. 10 which We have
,rsorsntiv rsfsrred. n vas claimed that
,hs sn,srn,i.s "a. re.llv of a msritorious
sIs,s. "a ,h., a. dity.rsd In tbI. "a.
snscs from the iot,sris. vhsre the mana.
spsrs % xsrs 10 reasive the lion's sh.re Of
~ n-"sts Ths Conrt In .n,vsr to tbi.
.ro,pm.r. .ro p"T aid. -
10 No Io,tsri.. had exi,ted sxeentine
.roh =. a. oontsin.d In Ara Art Onion
sobsme. Il n not probable that they would
have been forbidden by the Copstitu tion
or by law. Its mischisfs are certainly not
40 anp.rent as n its prizes were TO be paid
In money. or n n would be II framed for
the purpose Of enticing tho n necessitous and
inn proviient into its hazards. But this
csss cannot be decided according to
the views We may entertain Of the probable
good or evil consequent upon the execu.
tion Of the 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 to confer that power ON the
judicial tribunals. II IL we're 70 30 I'D.
mitted that the scheme 10 entirely harm.
less 10 ita consequences, IL would form no
ground for making Il BY judicial con.
struction an exception TO the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
thi. respect, q, to the nature Of the trans,
sction or the charscter OF persons engaged
10 ~. lis thsir ooanden duty 70 dsciare
the nw.
tne law L9o1s no Pel'on Mn no'
naae Iot 1oo inoiviauAi man, ou' iof en.
AZ Tue oew OF heaven isils, 20 |" Ses.s
Alike upon the Just and unjust tSAse
W; Pierce, Nev. SOA. ~ >.
tsmiies auu IroWns upon III shke' ~
'sS 4Srs .I1%ssss l. ap9s q al discus.