Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-20

iuB VI suts Ooutt IN a. puTts 0lAuouetus
which ID, Of itself, absolutely conducive
upon both Of tho points We have discussed.
But IL has been attempted, BY . desire
upon our part, 70 show that NO authority
could b found In any Of the adjudlcated
cases In the United States 10 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 de.
cidsd adversely TO them BY the Courts Of
other States, where the constitutional
provisions arc substantially the Same as
our OWE.
n 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 tho purpose Of raising rev.
euus for the benefit OF the "1nssne and
Charitable Fund" Of this State, or whether
Il belonged 70 that GLASS Of lotteries that
are made up Of pecunisry prizes and min
ister to tho 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 proat
and enlist 80 corps Of active seducers 70
draw the weak and unwary into the pur.
chase Of tickets" by extensive advertise.
ments containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may DO admitted for the purposes Of
this decision. - was srgued BY respon.
dents' counsel, that the people Of this State
arc essentially . gambling people, ready
at all times TO take the desperate chances
which lotteries AFFORD, and that no In.
furious effects upon the morals Of the poo.
pie would result II this game OF chance
was allowed 70 proceed.
This question 10 o that must be con.
sidsred a. settled by the adoption Of the
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 0 meritorious
character, and that Il differed, In this re-
speot, from the lotteries whore the .
agers were TO receive the lions share Of
the profits. The Court. In answer 70 this
argument, said:
"Ifn no lotteries had existed excepting
such - 10 contained In the Art Union
scheme. Il Il not probable that they would
have been forbidden by tho Constitution
or BY law. In mischiefs arc certainly not
20 apparent - II Its prizes were to DO paid
In money. or - 10 would DO II framed for
the purpose Of enticing the necessitous and
improviLent Into it, hazards. But this
case cannot DO decided according 70
the views vi may entertain OF the probable
good or evil consequent upon the sxecu.
ton Of tho 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 II we're to bs i'd.
mittsd that the scheme II entirely harm.
less In It, consequences, 1t would form no
ground for making IL BY Judicial con.
struction an exception 10 the general and
absolute constitutional prohibition"
Courts cannot make any distinction. In
this respect, a. 10 the nature OF the trans.
action or the character Of persons engaged
In IL. 1t II their boundsn duty 70 declare
the Law.
"Ths law knows no person II 10 not
made for the individual man. but for men.
As the dew Of heaven falls. % IL bsars
alike upon the Just and unjust" Estate
W. Pierce. 8 New, S0A.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission 70 Ito
authority 10 incumbent upon oil.
Third-It 10 unnecessary 70 discuss any
Of tho other points suggested By respon-
dsnts' council.
We will not presume. In advance, that
respondents intend TO violate the law.
From tho views already expressed II 10
apparent that IL would make no difference
whether respondents base their right to
sct 10 the premises under 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 10 that the
respondents have no right. liberty. or
franchise, By virtue Of any law. 10 sdvsr.
tise. print. circulate or sell any tickets In
the scheme or enterprise Of the "Nsvsds
Benevolent Association" within this State,
or 10 do any Of the acts specified In the
statute. 40 aid the Nevada Benevolent
Assoontion." approved March o.. 1881
(Stat., 1881, 1851; and that the costs Of
this proceeding bs taxed against them.
HAwLxY, J:
We ooncur LroxARp, o.J
BILxSAy. j.