Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-16

language they did In the concluding sen,
tence. :" Nor shall the sale Of lottery tick
eta bo allowed" These words clearly
show that It was not intended that any
lottery should be authorized BY this Stat,
for any purpose.
The words "by this State" - used In
our Constitution. and the words I" In thil
STATE" cor within this State" q used
| In the Constitutions Of New York, have
virtually the same meaning.
"No lottery shall b authorized by thii
State, nor shall the sale Of lottery ticket,
be allowed"
This language applies 10 oil lotteries,
whether public or private. To lotteries
conducted BY the State BY the church
BY private individuals; BY benevolent and
charitable associations. and BY corpora.
lions.
No lottery Of any kind can bs author.
lied by the Legislature under the present
Constitution. . . =
We again repeat what, 10 seems 10 us,
must BE- evident 70 every unbiased and i'm.
partial mind. that the language Of the
oonstitu tional provision 10 too plain for
argument. That under II the Legislature
CnQu0t hutuohlMo AotsCty StsSGf
and that the Aot approved March Q, 1881.
10 null and void.
We are conscious Of the fact that u was
unnecessary 10 add anything To the reason.
Ing Of this Court In 90 ports Blanchard.
which 10, OF itself. absolutely conclusive
upon both Of the points we have discussed.
But 1t has been attempted. BY . desire
upon our part. 70 show that no authority
could be found In any Of the adjudicated
cases In the United States 10 sustain the
position contended 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 to them by the Courts OF
other States, where the constitutional
provisions are substantially the same ~
our own.
Il 10 proper TO add that We have arrived
st the conclusion stated without consider
Ing che question Of the morality. or i'm.
morality Of this particular scheme. II
makes no difference whether II was set on
foot purely for the purpose Of raising res.
enue for the beneat Of the "Insane and
Charitable Fund" Of this State. OF whether
IL belonged 10 that class Of lotteries that
are made up Of pecunisry prizes and min.
lister to the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly TO that sordid
passion, and 70 no other sentiment; where
the managers receive . pecunisry proht
aud enlist ga corps Of active ssducors TO
draw the weak and unwsry into the pur.
chase Of tickets" BY extensive advertise
msnts containing brilliant pictures OF the
favorable chances to acquire sudden
wealth.
Il may bs admitted for the purposes Of
this decision. - was srgued BY respon..
dents' counsel. that the people Of this State
are essentially . gambling people, ready
at all timos 70 take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the peo.
DIE would result II this game Of chance
was allowed to proceed.
This question 10 ono that must be con.
sidered a. settled by the adoption OF the
constitutional provision lex parts Darling,
recently decided.
In the Art Union case. 10 which We have
frequently referred, 10 was claimed that
the enterprise was really Of msritorious
character, and that IL differed. 10 this 70.
spect, from the lotteries where the mana.
ayers were to receive the lions share OF
the profits. The Court, In answer to this
argument. said:
"If no lotteries had existed excepting
such - 10 contained In the Art Union
scheme. IL 10 not probable that they would
have been forbidden by the Constitution
or by law. Its misohiefs are certainly not
90 apparent - II its prizes were to be paid
In money, or - II would be II framed for
the purpose Of sntieing the necessitous and
improviient Into its hazards. But this
case cannot be 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 10 confer that power on the
judicial tribunals. II Il we're TO bs id.
mitted that the scheme II entirely harm.
less In its consequences, IL would form no
ground for making 10 BY judicial con.
struction an exception 10 the general and
absolute constitutional prohibition"
Courts cannot mako any distinction, In
this respect, a. TO the nature Of the trans.
aGtlOh VI tuu oheieS VI koAsSbs sb2e0vA
in II. 1t 10 their bounden duty 70 declare
the law.
"Ths law knows no person u 10 not
made for the individual man. but for men.
Az the dew Of heaven falls, 20 IL bears
alike upon the just and unjust" State
". Pierce, 8 New, 80k.
Il smiles and frowns upon all alike. II
makes no distinctions. Submission TO It's
authority 10 incumbent upon all.
Third-It 10 unnecessary 70 discuss any
Of the other points suggested BY rsspon.
dents' council.
We will not presume, In advance. that
respondents intend 10 violate the law.
From the views already expressed u 10
apparent that IL would make no difference
whether respondents base thsir right 10
act in the premises under the articles OF
incorporation or under the provisions OF
tue Act Of the Legislature. In either event
their Acts would bs without warrant OF
law.
The judgment Of this court 10 that the
respondents have no right, liberty. or
franchise, BY virtue Of any law, TO sdvsr-
tiss, print, circulate or cell 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 Nevada Benevolent
Association" approved March Q. 1881
tstat.. 1881. leeIi and that the costs OF
this proceeding be taxed against them.
HAwLrI, J.
We concur: LEONARD, @. ].
BELKSAP. ].
THE SUN FOR 1881.