Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-23

ing OF this court In or parfs Blanchard.
which 10. Of itself. Absolutely conclusive
upon both Of the points VI have discussed.
But 10 has bean attempted, by . desire
upon our part. 70 show that NO authority
could 30 found In any OF the sdjudicatcd
cases In the United States to sustain the
position commended for by respondents;
and that NO argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been do.
cNded adversely TO them by tue Courts OF
other States, where tho constitutional
provisions arc substantially the same ~
our own.
II Ia proper 10 add that We have arrived
AZ the conclusion stated without consider.
ing the question Of the morality. or i'm.
morality OF this particular scheme. II
makes no difference whether II was set on
foot purely for the purpose Of raising res.
enue for the benefit OF the Insane M
Charitable Fund" Of this State, or whether
Il belonged 70 that class Of lotteries that
are made up Of pecuniary prizes and min
lister TO the love Of gain /; whose schemes
address themselves In the grossest and
most~ revolving form directly to that sordid
passion, and 70 no other sentiment; whore
the managers receive . pecuniary pro6t
and enlist " . corps Of active seducers to
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise.
msnts containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth. .
Il may DO admitted for the purposes Of
this decision, 10 was srgued BY respon.
dents counsel, that the people OF this State
arc essentially Q gambling people, ready
It all times to take the desperate chances
which lotteries Afford, and that no In.
furious effects upon the morals Of the peo.
Die would result II this game OF chance
was allowed 70 proceed. D.
This question 10 one that u DO con.
sidsred - settled by tho adoption Of tho
constitutional provision OK parte 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 Il differed. In this 70.
. speot, from the lotteries where tho mana.
aeors were to receive the lions share Of
the profits. The Court. In answer TO this
argument. said:
"If NO lotteries had existed excepting
such - 10 contained In tho Art Union
scheme. Il 10 not probable that they would
have been forbidden BY the Constitution
or by law. Iu misohisfs are certainly not
10 apparent % II Its prizes were to b paid
In money, or - IL would be II framed for
the purpose Of entieing the necessitous and
improviient into It's hazards. But this
case cannot DO decided according 70
the views We may entsrtsip OF the probable
good or evil consequent UPON the exscu.
ton 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 10 DO id.
mitted that the scheme Ii entirely harm.
less In its consequences. It would form no
ground for making IL by Judicial con.
struction IN exception to the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, a. to the nature Of the trans.
action or the character Of persons engaged
In II. 1t 10 their bounden duty TO declare
the Law.
"The law knows no person II 10 not
made for the individual man. but for men.
Al the dew Of heaven falls, 20 II bears
alike upon the just and unjust" Estate
70. Pierce, 8 New, S04.
It smiles aud frowns upon all alike. II
makes no distinctions. Submission 70 Its
authority 10 incumbent upon all.
Third-It 10 unnecessary TO discuss any
OF the other points suggested by respon.
dents' council.
We will not presume. In advance. that
respondents intend to violate the law.
From the views already expressed IL 10
apparent that II would make no difference
whether respondents base their right 10
act In the premises under tho articles Of
incorporation or under the provisions Of
the Act OF the Legislature. In either event
their Acts would ts without warrant Of
Law. ~
respondents have no right. liberty. or
franchise, by virtue Of any law. TO advsr.
tise, print, circulate or sell any tickets In
the scheme or enterprise Of the Nevada
Benevolent Association" within this stats.
or TO do any Of the acts specified In the
statute. ITO aid the Nsvads Benevolent
Associstion." approved March 8. 1881
tStst., 1881. 1851 aud that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur: LEONARD, O. J.
BELKSAP. j.