Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-18
GOLD HILL STOREY EVENING JUNE ls 1881

revsnue, thsy wolN net have used ths
Isnsusse they did u The concluding Geu.
tenos, :" Nor shsll ~ sals u lottsry tick.
sts b allowed" Thess words clearly
shov that II was not intsndsd that aaJ
iottsry should b snihoriasd b. this 5esSl
| for any purpoos. ,at. ~ D. ltt
The uords !" hy ~ ahAs," y ussd In
our Constit ton, 6kd IL words !" In shil
snts." cor wittlb this 1hts," e ussd
n % ~ oons.itua2Ss q New York. hsss
yirtusily The saz1 hsanine.
"No lottery sh14 y authorised b. thil
sssss, nor .hill AsPals Of lotssry tintssl
b allowed" ~
This language ;a1p,iss b oil lotteries.
vhsthsr pablIa esfpsivats. 10 lottsrisl
conducted By u tats !; By. Tie church
by priysts indivi90 ID; By bsnsvolsnt and
charitable assosi11fsus. .ssd b. esrpors'
lions. ". Nela
No lottery of ~ Hind o. b author.
ised By the tsgiaIa1ars undss ths prsssnt
Oonsttution. e%e . . . q .
We again rspeaf what, u sssms 70 %.
must be evident y evsSy unbiased and In.
partial mind. ~ the Language of tha
eonstitutonal pkpyision u too plain for
argument. That nn6sf 70 ~ Lsgfslaturs
cannot authoriss ~ lottssy u tkis Blaas.
and th.. the Acs rpsroved March .. issi'
We "a sonssisss b thsfsss dat Il ~
unnecsssary 70 add anything 10 ths rsasos.
Ing Of this Court In &c yarts Blanchard.
which 10. Of itsslf. absolutely conclusive
upon both Of the points ~ have discussed.
Bat 10 has BEEN attempted. By . desire
upon our part, 70 show that no authority
could be found In any Of the sdjudloatsd
cases IN the United States 70 sustain the
position oontended for By respondsnts
and that no argument has BEEN advanced
By rsspoudsnts, upon sithsr Of thee
points, that has not hsrstofors bssn Do.
cidsd adversely 70 than By The Courts Of
other States, where the constitutional
provisions are Substantially the same -
our own.
Il IL propsr 10 add that vs have arrived
st the conclusion stated without consider.
Ing the question Of tho morality. or i'm.
morality Of this particular scheme. u
makes no differences whether 10 was set on
foot purely for the purpose Of raising rev.
snus for the benefit o. the Insane and
Charitable Fund" Of this STATE. or vhsthsr
Il belonged 70 that class Of lotteries that
are made up Of pecuniary prizes and min.
lster 10 the love Of gain who's sohsmse
address themselves In the grossest and
moss revolving form directly 70 that sordid
passion, and 70 no other sentiment ; where
The managers receive 0 pecuniary prodt
and enlist . corps Of sotvs ssduosrs 70
draw the weak and unwsfy Into tho pur.
chase Of tiokets" BY extensive advertise.
msnts containing brilliant pictures Of the
favorable chances 70 acquire sudden
wealth. s-
Il may be admitted for the purposes Of
this decision, - was srgued By respon.
dsnts' counsel, that the people Of this State
are essentially . gambling people, ready
st all times 70 taks the desperate chances
which lottsriss afford, and that no In.
furious effects upon the morals OF the peo.
Die would result II this game Of chance
was allowed 10 proceed.
This question 10 one that must b con.
sidsrsd q settled by the adoption Of the
constitutional provision lex parts Darling.
recently decided.
In the Art Union case, 70 which we have
frequently referred. IL was claimed that
the enterprise was really Of . meritorious
character, and that 10 differed. In this ~.
spsct. from the lottsriss where the mana.
ayers were 10 receive the lions share OF
the profits. The Court, In answer 70 this
argument. said:.
"If no lotteries had existed excepting
such - ~ contained In the Art Union
scheme. Il II not probable that they would
have been forbidden BY the Constitution
or By law. IL mischisfs are certainly not
% apparent a. II It's prizes were to be paid
In money, or ~ IL would b II framed for
the purpose Of entieing the nscsssitous and
improviLent into It, hazards. But this
case cannot bs decided according 70
the views We may entertain Of the probable
good or evil consequent upon the execu.
don Of the scheme. Tho Constitution
took away the power Of determining
whsthsr this or any other lottsry was Of
good or evil tendency. and certainly did
not intend 10 confer that power on the
judicial tribunals. II II we're 70 be ID.
mitted that the scheme II entirely harm.
less In its CONSCIOUSNESS, 10 would form no
ground for making u By Judicial con.
struction an exception 10 the general and
absolute constitutional prohibition"
Courts cannot make any dictinetion. In
this respect, - to the nature Of the trans.
action or the character Of persons engaged
In Il. 1t tis their boundsn duty 70 declare
the Law.
"Ths law knows no psrson u 10 not
made for the individual man. but for men.
Al the dew Of heaven falls, 20 II bsars
alike upon the Just and unjust" State
W. Pierce, 9 New, 904.
II smiles and frowns upon sll alike. II
makes no distinctions. Submission 70 It,
authority 10 incumbent upon sil.
Third-It 10 unnecessary 70 discuss 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 II 10
apparent that Il would make no difference
whether respondents base their right 70
act In the premises undsr: the. articles Of
incorporation or under the provisions OF
the Act Of the Legislature. In either event
their Acts would be without warrant OF
law.
The Judgment Of this Court Il that ths
respondents have no right. liberty, or
franchise, BY virtue Of any Law. 70 sdver.
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 aots specified In the
statute, "to aid the Nevada Benevolent
Association." approved March Q. 1881
IStat., 1881, 1891; and that the costs oi
this proceeding bs taxed against them.
HAwLxY, J.
We concur: LfoxAsD, CD.
BxLKxAY. j.
THE SUN FOR 1881.
I. All .h. worlds ss.s. % prsssa..d TIA. shs