Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-04

| revenue, they would not have used tht
language they did In the concluding sen
tence, I" Nor shall the sale Of lottery tick
ets be allowed" These words clearly
show that Il was not intended that sny
lottery should bs authorised By this statt
The words "by this State" - used In
our Coustit tut tion. and the words "in thii
ststs," cor within this State" - used
| In the Constitutions .of New York, havs
virtually the sane mssu3ng.
"No io.tsry shall b saihorissd By thii
sats. nor shall ths sals q Iosssry tickets
b allowed"
This language spplies 70 sll lottsries,
Whsthsr public or private. TO lotteries
conducted By ths State By the church
by privsts individuals /; BY bsnsvolsnt and
charitable associations, and By corpora.
lions.
No lottery Of any kind can b author.
ised BY the tsgislaturs under the present
Constitution. . z
We again repeat what, Il seems 70 us,
must bs evident 70 every unbisssd and In
partial mind. that the language Of ths
constitutional provision 70 too plain for
argument. That under u the Lsgislaturs
cannot sutboriss any lossgfy 10 this STATE,
and that the Act approved March Q. 1881,
u mill and void. .-
We Arc conscious Of the fact that u va,
unnscesssry 70 add anything 70 the reason.
lug Of this Court in % ydrts Blanchard,
which 10, Of itself. absolutely oonolusivs
upon both Of the points We have discussed.
But Il has been sttsmptsd, BY . deairs
upon our part. 70 show that no authority
could 10 found in. any Of the sdIudlcated
Gases In the United States TO sustain the
position oontended for BY respondents
aud that no argument has been advanced
By rsspondsnts, upon either Of these
points, that has not hsrstoiors BEEN do.
cidsd adversely 70 them By the Courts Of
other states,. where the constitutional
provisions are Substantially the same -
our own.
Il 10 proper 10 add that vs have arrived
at the conclusion stated without consider.
ing the question Of the morality. or i'm.
morality Of this particular scheme. II
makes no difference whether u was set on
foot purely for the purpose OF raising rev.
epue for the benefit Of the "lnssns and
Charitable Fund" Of this State, or whether
1. 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 10 that sordid
passion, and TO no other sentiment; where
the managers receive pecuniary proni
and enlist 80 corps OF active ssducsrs 70
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise.
ments containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision. - was srgued By respon.
denn' counsel, that the people OF this Stats
are essentially . gambling people, ready
at all times to take the desperate chances
which lottsries AFFORD. and that NO In
furious effects upon the morals Of the peo'
pie would result II this game OF chance
was allowed 70 proceed. LID.
This question 10 one that must be con.
sidered ~ settled BY the adoption Of the
constitutional provislon q psrts Darling,
recently decided.
In the Art Union case, 70 which We have
frequently referred, 10 was claimed that
the enterprise was really Of meritorioui
character, and that 10 differed. IN this re-
spect, from the lottsriss whore the mana
ayers were 10 receive the lions share oi
the pro6u. The Court, In answer 70 thii
argument, said:
"If no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, 10 10 not probable that they would
have been forbidden by the Constitution
or BY Law. Its misohisfs are certainly moi
% apparent - II its prizes were to be paid
In money. or - Il would Be II framed for
the purpose Of enticing the necessitous and
i'm provlient into it, hazards. But this
case cannot be decided according tc
the views We may entertain Of the probable
good or evil consequent upon the execu'
ton Of the scheme. The Constitution
took away the power Of determining
whether this or any other lottery was ol
good or evil tendency, and certainly did
not intend to confer that power on the
judicial tribunals. II IL we're TO be ad'
mittsd that the scheme 10 entirely harm
less In its consequences. IL would form nc
ground for making Il BY Judicial con
struction an exception 10 the general snd
absoluts oonstitut tionsl prohibition"
Courts. cannot make any distinction. In
| this respect, % 70 the nature OF the trans
action or the character Of persons engaged
In IL. 1t 10 their boundsn duty 70 declare
the Law.
"Ths law known no person u 10 no,
made for tho individual man, but for men
| Az the dew Of heaven falls, 20 IL bear
alike upon the just and unjust" Btat
| VI. Pieros. q Nev.. 9Ok,
II smiles aud frowns upon all alike. u
makes no distinctions. Submission TO IL
authority 10 incumbent upon all.
Third-It 10 unnscessary 70 discuss any
Of the other points suggested BY respon
dsuts' council.
We will mot presume, In advance. tha
respondents intend 70 violate tie law.
From the views already expressed u u
apparent that Ii would make no difference
whether respondents base their right L
act In the premises under the articles o
incorporation or under the provisions o.
tue Act OF the legislature. In either even
their Acts would b without warrant o
Law.
The judgment Of this Court 10 that th'
respondents have NO right, liberty. ol
franchise, BY virtue Of any law. to sdver
tiss, print, circulate or sell any tickets u
the scheme or enterprise Of the " Nevad'
Benevolent Association" within this stats
or 70 do any Of the acts specified 10 th'
statute. "to aid the Nevada Bensvolsn
Association" approved March .. lSS
IStst., 1881, 1876 and that the costs
this proceeding bs taxed against them.
| HAwLEI, ].
We concur: LEONARD, O. ].
BrLKSAP, j.
NOTHING SHORT OF
unmistsksbls benefits conferred upon tsns