Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-07
SUPREME COURT DECISION.

We publish below the decision OF eur
Supreme Court In the matter Of ex pdrIs
Blanchard "a lottery case). delivered in
the January term Of 1874. Opinion was
delivered by Judge Belkuap:
The "Nevada Benevolent Association"
vss authorized by an Act Of the Legisla-
ture. approved March 5. 1871. to give not
exceeding three public entertainments or
gift concerts. and TO sell tickets OF admis'
sion to the same emitting the holder 70
participate In distribution OF awards "by
rattle or other scheme Of like character. !.
The petitioner 10 the managing agent OF
the association. He has been arrested
and is In custody for selling lottery tickets
contrary to the provisions OF the statute.
approved March Z, 1873. entitled IAN act
10 prohibit lotteries" The tickets sold
were those Of the "Nevada Benevolent As
n Ia clear that the Act Of March s, 1871,
sanctions . lottery. The character OF the
scheme il in NO wise changed by the char
table purpose expressed in Its title, nor
by calling the drawings entertainments
or eift concerts." The fifth section OF the
Act declares that "nothing In this Act
contained shall be construed a. snthorix'
ing . lottery In this State. or - allowing
the salc OF lottery tickets contrary TO tho
provisions OF the Constitution"
The State government 10 divided BY the
organic law into executive. legislative and
judicial departments. and no person
charged with the exercise Of powers prop
erly belonging to one Of these departments
shall exercise any functions appertaining
to either OF the others except IN cases ex'
pressly directed or permitted. Const. Art.
III. The construction to DO placed upon
this Act must be determined BY the Court
alone. The attempted exercise OF this
power by the Legislature was an assump,.
lion Of the functions Of the Judiciary and
must be disregarded. =,
BY statute 10 and II. W. Ill. Q. IL, all
lotteries are declared to be public nuis.
snces. Bl. Com. l6S. This statute 70.
msined in force In England at the time Of
the declaration OF American Independence
and being applicable to our situation.
constitutes q part Of the common law OF
the United States. From the language
employed in the Constitution. u Is evident
that this was tho understanding OF its
trainers. In the restriction upon tne
power Of the Legislature. IL is not said
that lotteries shall be prohibited, but that
emo lottery shall DO 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. Bet this authority rds rithhsfd, and
the Act Of March 8, 1871. being In direct
violation Of tho prohibition, !. aneon'ti'"-
honoi. Since, then, this lottery Is unau.
thorized by common law or valid statute,
itfollows that the objection urged that the
Act Of 1873 impairs the obligation of con-
tracts is without force.
We are Of opinion that the act to pro-
hibit lotteries took effect, as by the terms
Of its tenth section IL Is declared 1t shall.
"from and after the frst day OF January
one thousand eight hundred and seventy.
four" and is applicable to tickets sold
under the act Of the Legislature OF March
8, 1871, entitled "An act to aid the Nevada
Benevolent Association in providing means
to erect an insane asylum"
The petitioner Is remanded to the Gus
tody whence he came.