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

We publish below the decision Of sui
Supreme Court In the matter Of sr part
Blanchard q lottery easel. delivered In
the January term Of 1874. Opinion wa
delivered BY Judge Belknap:
The "Hevada Benevolent Association
vansuthorized by an Act Of the Lsgisla,
ture, approved March 3, 1871. to give moi
exceeding three public entertainments OF
Gift concerts, and TO sell tickets Of admis.
sion 10 the same emitting the holder "a
participate In distribution Of AWARDS "by
raffie or other scheme OF like character.
The petitioner 10 the managing agent oi
the association. He has been arrested
and IL In custody for selling lottery tickets
contrary to tho provisions OF the statute
approved March I. 1873. entitled "An acl
TO prohibit lotteries" The tickets sold
we're those Of the "Nsvada Benevolent A.
ISOLATION" 49,,
II is clear that the Act Of March s, 1871,
sanctions a lottery, The character OF the
scbeme Ia in no wise changed BY the char
table purpose expressed in Its title. nor
by calling the drawings entertainment Il
or eift concerts" The ffth section OF the
Act declares that "nothing In this Act
contained shall be construed - authoriz'
ing A lottery In this Stste, or - allowing
The sale Of lottery tickets contrary to the
provisions Of the Constitution.
The State government 10 divided BY the
organic law into executive. legislative and
judicial departments. and NO person
charged with the exercise Of powers prop
erly belonging to one Of these departments
shall exercise any functions appertaining
to either Of the others except IN cases ex'
pressly directed or permitted. Const. Art.
III. The construction TO DO placed upon
this Act must be determined BY the Court
alone. The attempted exercise OF this
power by the Legislature Was an assump..
tion Of the functions Of the judiciary, and
must be disregarded. =,
By statute 10 and II, W. III. Q. II. all
lotteries are declared TO be public nuis'
spces. A Bl. Com. l6S. This statute 70.
NAMED in force In England at the time Of
the declaration Of American independence,
and being applicable to our situation.
CONSTITUTES q part Of the common law of
the United States. From the language
employed in the Constitution, II 10 evident
that this was the understanding OF its
trainers. In the restriction upon the
power Of the Legislature, IL H. not SAID
that lotteries shall be prohibited. but that
emo lottery shall DO authorized BY this
State" This constitutional clause con.
sidered. in the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. Bot this authority eos ~iihhsid, and
the Act Of March 8. 1871. being In direct
violation Of the prohibition, is uneonsiifa-
tionai. Since, then. this lottery 10 unau'
thorized by common Law or valid statute.
Il follows that the objection urged that the
Act Of 1873 impairs the obligation Of con-
tracts 10 without force.
We are Of opinion that the act to pro-
hibit lotteries took effect, a. BY the terms
Of its tenth section II Is declared 1t SHALL
"from and after the first day Of January
one thousand eight hundred and seventy.
four" and is applicable to tickets sold
under the act Of the Legislature OF March
8, 1871, entitled "An act to aid the Nevada
Benevolent Association in providing means
10 erect an insane asylum"
Tho petitioner 10 remanded to the Gus
tody whence he came.