Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-11
GOLD HILL STOREY CO.. NEVADA JUNE H. 1881

revenue, they woald not have used the
Language thsy az IN The concluding .sn'
tenoe, +" Nor shall The sale Of lottery tick
sts b Allowed These words clearly
shov thst u VI not intended that any
lottsry should b authorised By this State
The words "by this ststs," - used In
our Oousitutioa, and the words "ia this
sats." "or within this Htass,. q used
IN - ConsntaHens of New York, hsvs
yirtuslly he SANE meaning. ,s v.,s..t
emo iottsry sha1l b authorised b. this
stats. nor shall ~ sals Of lotssry tiskssa
b. allowed" 49,.
This language applies to'sll lotteries.
whether public ee privap. 10 lotteries
conducted By the vtats By the church ;
by privsts individuals By bsnsvolsnt and
charitable assosistons. and By oorpors-
lions. 49, 0ut
No iotssry d any kind can b author
i,ed by the tsgislaiurs undsr the present
Copsitution. . . . .
We as.ln repeat vhat, II. seems 70 ,ps.
partial mind. that - '1aigusgs q ~
sssss - ! 8, IjSsES s 3sS1fs
olsno lsti1llss any I5s5ssy d ~ elass.
and chat IA Ack sppsovsd 0arsA ., lsei,
We are conscious Of the fset that u vas
Unnecessary 70 add anything 70 the reason.
Ing Of this Court In - parts Blanchard,
which 10. Of itsslf. absolutely conclusivs
upon both Of the points We have discussed.
But Il has been attempted, By . desire
upon our part. 10 show that no authority
could 10 found In any Of the adjudicated
cases In the United States to sustain the
position contended for By respondents J
aud that no argument has been advanced
By respondents. upon either Of these
points, that has not heretofors been do.
cided adversely 10 them By the Courts OF
other States, where the constitutional
provisions arc Substantially the same -
our own.
Il II 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. II
makes no differences whether u was cot on
foot purely for the purpose Of raising rev.
snue for the bsneht OF the "lnsans and
Charitable Fund" Of this State, or whether
IL belonged 70 that class 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 70 that sordid
passion, and 70 no other sentiment where
the managers receive . pecuniary pro6t
and enlist "a corps Of active seducers to
draw the weak and unwsry into the pur-
chase Of tickes" BY extensive advertise.
msnts containing brilliant pictures OF the
favorable chances TO acquire sudden
wealth. '.s /.
II may be admitted for the purposes Of
this decision, - was srgusd BY respon.
dsnts' counsel. thAtshe people Of this State
are essentially . gambling people, ready
ut all times 70 tsks the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals OF the peo.
pls would result II this game Of chance
was allowed 70 proceed.
This question ID one that must be con-
sidsrsd a. settled BY the adoption OF the
constitutional provision sx psrte Darling.
recently dscidsd.l ~.
In the Art Union case, 10 which We have
frequently referred, 10 was claimed that
the enterprise wss really Of meritorious
character, and that 70 difysred, 10 this re-
spect, from the lotteries where the mana.
ayers were 70 receive the lions share OF
the profits. The Court, In answer 70 this
argument, said:
"If no lotteries had existed excepting
such q 10 contained In the Art Union
scheme. u IL not probable that they would
have been forbidden BY the Cohstitution
or BY Law. Is misohiefs are certainly not
90 apparent - II its prizes were to bs paid
In money, or - 10 would be II framed for
the purpose Of snticing the necessitous and
improvident into IL hazards. But this
case cannot bs decided according TO
the views We may entertain Of the probable
good or evil consequent upon the execu.
lion OF the scheme. The Constitution
took away the power Of determining
whether this or any other lottery was Of
rood or evil tendency. and certainly did
not intend 70 confer that power on the
judicial tribunals. II u we're 70 b Cd.
mittsd that the scheme II entirely harm.
less In its CONSCIOUSNESS. 10 would form no
ground for making 10 By judicial con.
struction An exception 10 the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, % 10 the nature OF the trans.
action or the character Of persons engaged
In Il. It'll their boundsn duty to declare
the law. MAO
"Ths law knows no person u 10 not
made for tho individual man, but for men.
A. the dew Of heaven falls, 20 u besrs
alike upon. the just and unjust" State
". Pierce, 8 New. 60&.
II smiles and frowns upon all alike. II
makes no distinctions. Submission 70 Its
authority 10 incumbent upon oil.
Third-It IL Unnecessary 70 discus any
Of the other points suggested BY respon'
dsnh' council.
We will not presume, IN advance. that
respondents intend 70 violate the law.
From the views already expressed IL 10
apparent that IL would make 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 b without warrant OF
Law. -..-
The Judgment Of this Court Il that the
respondents have no right. liberty. or
franchise. BY virtue Of any law. TO sdvef'
tiss, print, circulate or sell any tickets IN
the scheme or enterprise Of the I" Nevada
Benevolent Association" within this State.
or 10 do any Of the acts specified In the
statute, "to aid the Nevada Benevolent
Association" approved March .. 1851
[Stat., 1881. 1851; and that the costs oi
this proceeding b taxed against them.
HAwLEY,J J.
We concur; LxosARD, y.
BILxNAP, ].
THE SUN FOR 1881.