Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-15

cases In the United States to 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 do.
cided adversely 10 them BY the Courts Of
other States, where the constitutional
provisions arc substantially the same -
our own.
II Is proper 10 add that We have arrived
AZ tho conclusion stated without consider
ing tho question Of the morality, or I'm.
morality Of this particular scheme. IL
makes no difference whether u wa set on
foot purely for the purpose OF raising rev..
enue for the benefit Of the "lnsane and
Charitable Fund.- Of this State, or whether
Il belonged 10 that class Of lotteries that
arc made up Of pecuniary prizes and min
lister 10 the love Of gain ; whose schemes
address themselves In tho grossess mo
most revolving form directly to that sordid
passion, and TO nc other sentiment; where
tho managers receive . pecuniary proht
and enlist 80 corps Of active seducers TO
draw the weak and unwary into the pur'
chase Of tickets" by extensive advertise
ments containing brilliant pictures OF the
favorable chances to acquire sudden
wealth.
II may be admitted for the purposes Of
this decision, - was argued BY respon'
dents counsel, that the people Of this State
are essentially . gambling people, ready
at all times TO take tho desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the PEG.
pie would result II this game Of chance
was allowed to proceed.
This question 10 n that must DO con.
sidered Is settled BY tho adoption Of tho
constitutional provision lex parte Darling,
recently decided
In the Art Union case, TO which We have
frequently referred, IL was claimed that
the enterprise was really Of . meritorious
character, and that II differed, In this 70.
spect, from the lotteries where the mana.
ayers were TO receive the lions share Of
tho profits. The Court, In nswer to this
argument, said:
"If no lotteries had existed excepting
such as Is contained In the Art Union
scheme, 10 10 not probable that they would
have been forbidden by tho Constitution
or by law. It's mischiefs are certainly not
so apparent as II It's prizes were to be paid
" iuuucyt VI ~ ~ WOuiu UoN ithuieu hok
the purpose Of enticing the necessitous 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 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 10 confer that power on tho
judicial tribunals. II 1t were to DO nd.
mitted that the scheme 10 entirely harm.
less In It's consequences. II would form NO
ground for making II by judicial con.
struction an exception to tho general and
absolute constitutional prohibition"
"Tho law knows no person /; IL 10 no
made for tho individual man, but for men.
As tho dew OF heaven falls, 30 IL bears
alike upon tho Just and unjust" Estate
VI. Pierce, 8 New, 304.
It smiles and frowns upon all alike. II
makes no distinctions. Submission 10 Its
authority IL incumbent upon al.
Third-lt 10 unnecessary to discuss any
Of the other points suggested by respon'
dents council.
We will not presume, In advance, that
respondents intend to violate the law.
From tho views already expressed IL ID
apparent that IL would make no difference
whether respondents base their right II
act In tho premises under the articles ol
incorporation or under the provisions OIL
the Act Of the Legislature. In either even,
their Acts would DO without warrant ol
law.
Tho judgment Of this Court Is that the
/ .A.-A.a. ... - .s-LA Itlx.A- m.
franchise, by virtuo Of any law. to adver'
tise, print, circulate or sell any tickets IN
the scheme or enterprise Of the " Nevads
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute, ITO aid tho Nevada Benevolent
Association" approved March 0, 1881
Stat, 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEONARD, @. ].
BELKNAP, j.