Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-06

Ing Of this Court In - spare Btnncnaro'
which IL, Of itself. Absolutely conclusive
upon both Of The points NO have discussed.
Bat IL has been attempted. by . desire
upon our part, 70 show that no authority
could b found In any Of the adjudtcated
cases In tho United States 70 sustain the
position oontsuded for by respondents J
and thai 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 are substantially the same -
our own.
Its propsrto 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. II
makes nc difference whether II wa set on
foot purely for the purpose Of raising rev.
enue for the benefit o. the ''Insane and
Charitable Fund" Of this ssats, or whether
u belonged 70 that GLASS Of lotteries that
are made up Of peouniary prizes and min
lister 10 the lows OF gain whose schemes
address themselves In the grosssst and
most revolving form directly TO that sordid
passion, and 70 no other sentiment; where
the managers receive Q pecuntsry pront
and enlist &c corps Of aotve seducsrs TO
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise.
ments containing brilliant pictures Of the
favorable chances 70 acquire sudden
wealth.
Il may DO admitted for tho purposes Of
this decision, - Wa argued By reepon-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
at all times 10 taks the 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 10 proceed. ta7
This question ID q that must DO con.
sidered - settled by the adoption OF the
constitutional provision OF parte Darling,
recently decided.l
In the Art Union case. 10 which We have
frequently referred, 10 VA claimed that
the enterprise was really Of . meritorious
character, and that II differed, In this 70.
speot, from the lottsrios whore the mana.
ayers we're 10 receive the lions share Of
the profits. The Court, In answer to this
argument, said:
"If no lotteries had existed excepting
such a 10 contained In tho Art Union
scheme, Il 10 not probable that they would
have boom forbidden BY the Constitution
or by law. It's misohiefs are certainly not
20 apparent % II its prizes were to DO paid
In money, or ~ 10 would be II framed for
the purpose OF entioing the neoessitous and
improvident into is hazards. But this
case cannot DO decided according to
the views 70 may entertain Of the probable
good or evil consequent upon the execu-
ton Of tho scheme. The Constitution
took away tho power Of determining
whether his 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 70 b I'd.
mittsd that the scheme IL entirely harm.
less In Its consequences, IL would form no
ground for making IL BY Judicial CON.
struction An exception To the general and
absolute constitutional prohibition"
"The law knows no person ; II II not
made for the individual man, but for men.
Az the dew Of heaven falls, 20 IL bears
alike upon the Just and unjust" Estate
VI. Pierce, 8 New, 90l.l
Il smiles and frowns upon al Alike. II
makes no distinctions. Submission 70 it,
authority IL incumbent upon all.
Third-It Is unnecessary 10 discuss any
Of tho other points suggested BY respon.
dents council.
We will not presume. In advance. that
respondents intend 10 violate tho law.
From the views already expressed IL 10
apparent that 10 would make no difference
whether respondents base their right TO
act In the premises under the articles Of
incorporation or under the provisions Of
the Act OF the Legislature. In either event
their Acts would be without warrant Of
Law.
The Judgment OF this Court 10 that the
respondents have 10 right, liberty. or
franchise, BY virtue Of any law, to 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 Nevada Benevolent
Association" approved March Q, 1881
Stat. 1881. 1861 and that the costs Of
this proceeding DO taxed against them.
HAwLxY, J.
We concur: LEONARD, O. J.
.-s.., OH, BELXSAP. ].