Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-27

reveuuo, they would not have used the
isnsusee they did In the concluding sen.
| senoe. =" Nor shall the saIe Of lottery tick.
| m Be allowed" These words clearly
shov that u was not intsnded that any
lottery should b authorissd b, this Btsts
~ The vords "by this shss," q used In
our Constitutioa, and The words " In thia
Ststs." cor within this stats," - used
| IN thc Constitutions q New xofk, havs
| virtuslly the same msshing.
"No iottsry shall b. authorised by this
stsss, NOR shall ths sale ef lotssry tickets
This isasusss sppliss 10 Ill lotsries,
whether publis OF private. 70 lottsrisG
oondustsd By ths etats b. ths church
| by privsts individuals; I; b. benevolent and
| Charitable sssooistons, end By corpora.
tons.
No lottery d any hind osn b author.
lsed BY the tsgislaturs under The present
| CousHtution. . . .
We sGsin rspsat What, u sssns 70 a.,
must BE- evident 70 svsry unbiased and I'm.
partial mind. hat ths language OF ths
constitutonsl provision q TOO plain for
Argument. That uudsr u Tie Lsgislsturs
cannot authoriss epy lettsry In this 6tats,
and that the Aos spprovsd March .. 1881,
n null and void.
We are conscious Of ths fact that u was
unnecessary 70 add snythins 10 The resson-
iug Of this Court In e. parts Blanchard.
which 10, OF itself, absolutely conclusive
upon both Of the points No have discussed.
Bat Il has been Attempted, BY Q desire
upon our part. 70 show thas no suthority
could be found In any Of the sdtudtcated
cases In the United States % sustain the
nosition oontended for by respondents |;
i~S % ,hst M .rcu mept h,s BEEN sdysnced
bv respondsnts, upon either Of these
nc,n,s ti,st bss not heretofore beam Dc.
r,dsa sdvsr.elv IA than bv ths Courts Of
othsr ststss, where ths constitutional
nroyi,iops sre substsnt tally the same -
our own.
Il 10 proper 10 idd that We have arrived
st the conclusion stated without consider.
Ing the question Of the morality, or i'm.
morality Of this particular scheme. It
makes no differences whether u wss cot on
foot purelv for the purpose Of raising res.
enue for tie benent Of the "Inssns and
Chsritabls Fuud" OF this STATE, or whether
!, hslon,ad "a thst clsss Of lotteries that
are msSe mn Of pecunisry prizes ana min.
iss.r to ths loys Of asin Whose schemes
sddrsss tbsmselves In The Rrossest and
most revolving form directly 10 that Sordid
n.ssion. md 70 no other sentiment where
tbs msnseers recsiye q pecunisry profit
and eniist " . corps Of sotivs seducsrs 70
draw the weak ana unwsry into the pur.
cb,sa of tiokets" by extensive advertise.
msnts contsinine brilliant pictures Of the
s.,or.hIs cbsno.s 10 acouirs sudden
vssith.
IN NAV be admitted for the purposes Of
this decision. ~ was argued BY rsspou-
den,s' counsel, that the people Of this 6ssts
are essentially Q gambling people, ready
Al all times 70 tsks the despersts chances
which lottsries Afford, and that no In.
iurious effscts upon the morals Of the peo.
WAS allowed 70 proceed.
This question Il one that must bs con.
sldsred - settled by the adoption Of the
constitutional provision OK parts Darling,
recently decided
In the Art Union case. 10 which ws have
frequently referred, IL was claimed that
the enterprise was really Of . msritorious
character, and that it differed, In this 70.
spsot, from the lottsriss where tbs mana.
ayers were 70 receive tho 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 10 not probable that they would
have been forbidden by the Consatuuon
or by law. 1n mischisfs are certainly not
20 apparent - II its prizes were to b PAID
In money. or - u would bsh framed Tor
the purpose Of enticing the neosssttous and
improviient into its hazards. but tnis
case cannot b decided according 70
the views We may entsrtsin Of the probable
good or evil consequent upon the execu'
tion Of the scheme. The Constitution
took away the power Of determining
whether this or any other lottery was Of
good or evil sndsncy. and certainly did
not intend 70 confer that power on the
judicial tribunals. II IL we're 70 bs I'd.
mittsd that the scheme II entirely harm
less In its consequences, 10 would form no
ground for making Il BY Judicial con.
structiou an exception 10 the general and
sbsolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, a 70 the nature Of the trsns.
action or the character Of persons engaged
in n. IL n their boundsn duty 10 declare
The Law.
"The Law knows no person Il 10 not
made for tbe ipdIvidusl man, but for man.
Az tbe dsv Of hssysn fsllc, 10 Il besrs
sI,Ls ,,non tbs ,nss and nnjust." TStste
:. p,.rcs sN.v aoIi
r. .r,,Is. snd s,ovns unon ali sIiks. II
aasss.iS %sss. sg q upen II. 70
Third.lt !, unnecessary 70 discus ny