Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-10
Go1D HIII STOREY CO. JUNE TO- 1881

revenue, thsy would not have used th,
language they did In the concluding sen
tnce, "Nor shall the sale Of lottery tick
sa be allowsd." These words clesrl,
show that Il vas mot intended that %!
lottsry should b authorised By this 6tst'
The words sby this State" - used II
Cur Constitution, and the words I" In thil
State" cor within this State" q uset
IN he Constitutions Of New York, havl
virtually tie same meaning.
"No iotssry shall b. authorized By thi,
State, nor shall the sale Of lottsry tickst'
| 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 ant
charitable associations, and BY corpora
tious.
No lottery Of any kind oan bs author
| lied BY ths tsgislaturs under the present
| Constitution. .
We again repeat what, u seems 10 us
must be svidsnt 70 every unbiased and I'm
partial mind. that the language Of ths
oonstitutioaal provision ID tso plain fol
argument. That under Il the Legislaturs
cannot authoriss any lottery 10 this State
and that the Act approved March Q, 1881
IL null and void.
We arc conscious Of the fact that u VA
unnecessary TO add anything TO the reason
Ing Of this Court In - parts Blanchard,
which ID. Of itself. absolutely conclusive
upon both Of the points ws have discussed,
Bat II has been attempted. BY desire
upon our part. 70 show that no authority
could bs found In any Of the adjudicated
cases In the United States 10 sustain the
position commended for BY respondents
aud that no argument has been advanced
BY respondents, upon either OF thess
peins, that has not heretofore been dc.
cidsd adversely 10 thsn By the Courts ol
other states, where the constitutional
provisions are substantially the Same u
our own.
Il IN proper to add that We have arrived
st the conclusion stated without consider.
ing the question Of the morality. or i'm
morality. Of this particular scheme. i,
makes no difference whether IL was set on
foot purely for the purpose Of raising rev.
enus for the beneft OF tho "Insane and
Charitable Fund" OF this state, or whether
IL belonged 10 that class Of lotteries thai
are made up Of pecuniary prizes and min
lister to the love Of gain whose scheme.
address themselves In the grossest and
moat revolving form directly 70 that sordid
passion. and 70 no other sentiment; whore
the managers receive pecunisry prohl
aud enlist 80 corps Of sotive seducers 10
draw the weak and unwary into the pur.
chase Of tickets" by extensive advertise.
msnts containing brilliant pictures Of the
favorable chances 70 acquire sudden
wealth.
Il may be 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 times 70 take the desperate chances
which lotteries afford. and that no In.
furious effects upon the morals Of the peo.
pie would result II this game Of chance
was allowed TO proceed.
This question 10 one that must DO con.
sidered a. settled by the adoption OF the
constitutional provision OK psrte Darling,
recently decided.
In the Art Union case, 10 which We have
frequently referred, 10 was claimed that
tue enterprise was really Of . meritorioua
character, and that 10 differed, In this 70.
spect, from the lotteries where the mana.
ayers were 10 receive thes lions share Of
the profits. The Court, In answer 70 this
argument, said:
"If no lotteries had existed excepting
such q 10 contained In the Art Union
scheme, II 10 not probable that they would
have been forbidden BY the Constitution
or by Law. Is misohisfs are certainly not
90 apparent - II its prizes were to be paid
In money, or - 10 would be II framed Tor
tho purpose Of snticing the necessitous and
improvtient into It, hazards. But this
case cannot be decided according to
the views We may entertain OF the probable
good or evil consequent upon the exeou.
ton Of the scheme. Tho 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 IL we're 70 be id.
ni,ted that the scheme II entirely harm
less In its consequences, 10 would form no
ground for making II By judicial con.
struction an exception TO the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, % 70 the nature Of the trans.
action or the character Of persons engaged
In II. 1t 10 their bounden duty 70 declare
che Law.
"Ths law knows NO person Il 10 no,
made for tho individual man, but for men.
Al the dew Of heaven falls, % 10 bears
alike upon the Just and unjust" State
W. Pierce. 8 New, 904.
II smiles and frowns upon oil alike. II
makes no distinctions. Submission 70 IL
authority 10 incumbent upon Gil.
Third-It IL Unnecessary 70 discuss any
Of tho other points suggested BY respon'
dsuts' council.
We will not presume. In advance. thai
respondents intend 10 violate tile Law.
From the views already expressed II ID
spparent that 10 would mako no differences
whether respondents base their right 70
act In the premises under the articles oi
incorporation or under the provisions oi
tho Act Of tho Legislature. In either event
their Acts would bs without warrant oi
Law.
The Judgment Of this Court 10 that the
respondents have no right, liberty. OF
franchise, BY virtue Of any law. 70 sdver'
iss, print, circulate or sell any tickets IN
the scheme or enterprise Of the "Nevsds
benevolent Association" within this State,
or 10 do any Of the acts specified in the
statute, go aid the Nevada Benevolent
| Association" approved March o, 1881
| IHtat., 1881, l6e1; and that the costs oi
this proceeding b taxed against them.
HAwLxY, ].
We concur: LEoSAsp, CD.