Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-08

ing Of this court In ., parss Blanchard.
which 10. Of itself. absolutely conolusive
upon both Of the points VI have discussed.
But IL has been attempted. by . desire
upon our part, TO show that NO authority
could DO found In any Of tho adjudicated
cases In the United States 10 sustain tho
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.
cided adversely 10 them BY the Courts OF
other States, where tho constitutional
provisions are substantially the Same %
our own. .
II is proper 70 add that We have arrived
at the conclusion stated without consider.
ing the question Of the morality. or i'm.
morality OF this particular scheme. It
makes no difference whether IL wA vet on
foot purely for the purpose Of raising rev.
onue for the benefit Of the "Iusane and
Charitable Fund" Of this State, or whether
Il belonged 70 that class Of lotteries that
are made up Of peouniAry prizes and min
lister 10 the love OF gain /; whose schemes
address themselves In the grosssst and
most revolving form directly 10 that sordid
passion, and % no other sentiment; where
the mansgers receive . pecuntary proht
and enlist ri corps Of actve ssduoers 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, u was argued By respon-
dents counsel, that the people OF this State
are essentially . gambling people, ready
ct al times TO taks the desperate chances
which lotteries afford, and that no In.
jurious effects upon the morals Of the peo.
pie would result II this game Of chance
was allowed 10 proceed.
This question 10 one that must DO con.
sidered Is settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided.
In the Art Union case, 10 which We have
frequently referred, 10 was claimed that
the enterprise was really Of . meritorious
character. and that IL differed. In this 70.
spect, from the lotteries where the mana.
ayers were 10 receive tho lions share Of
the profits. The Court, In answer TO this
argument, said:
III no lotteries had existed excepting
such Is Ia contained In the Art Union
scheme, IL Ia not probable that thoy would
have been forbidden by the Constitution
or by law. It's mischisfs arc certainly not
30 apparent - II It's prizes were to DO paid
In money, or % IL would DO II framed for
the purpose Of enticing tho neoessitous and
improvident into Its hazards. But this
case cannot DO decided according TO
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 Of
good or evil tendency, and certainly did
not intend to confer that power on the
judicial tribunals. II It were to be ad.
mitted that the scheme IL entirely harm.
less In It's consequences, IL would form no
ground for making 10 by judicial con.
struction an exception TO the general and
absolute constitutional prohibition"
"The law knows no person |; IL 10 not
made for the individual man, but for men.
As tho dew OF heaven falls, 30 IL bears
alike upon the just and unjust" Estate
W. Pierce, . New, 30I.l
II smiles aud frowns upon all alike. 1t
makes NO distinctions. Submission 70 Its
authority Is incumbent upon all.
Third-It IL unnecessary 10 discuss any
Of the other points suggested BY respon.
dents council.
We will not presume, In advance, that
respondents intend 10 violate the law.
From the views already expressed IL 10
apparent that IL would make no difference
whether respondents base their right to
act 10 the premises under the articles Of
incorporation or under the provisions Of
tue Act OF the Legislature. In either event
their Acts would be without warrant Of
law.
The Judgment Of this Court IL that the
respondents have no right, liberty, or
franchise. by virtue Of any law, 70 sdver-
tise, print, circulate or sell any tickets In
the scheme or enterprise Of the Nevada
Benevolent Association" within this State.
or to do any Of the acts specified in the
statute. ITO aid the Nevsds Benevolent
Association" approved March Q. 1881
Stat, 1881. 1885, and that the costs Of
this proceeding DO taxed against them.
HAwLEY, J.
We concur LEONARD, @. ].
BELySAP, ].