Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-26

cases In the United States to 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 beenrde.
cided adversely to them BY tho Courts OF
other States, where tho constitutional
provisions are substantially the Same -
our own.
A tbe conclusion stated without consider.
ING the question Of the morality. or I'm.
morality Of this particular scheme. II
makes no difference whether 10 was set on
foot purely for tho purpose Of raising res.
emo for the benefit OF the "Insano and
Charitable Fund" OF this State. or whether
II belonged 10 that class Of lotteries that
arc made up Of pecuniary prizes and min
lister to the love Of gain whose schemes
address themselves In the grossest .
most revolving form directly to that sordid
passion, and to no other sentiment; where
the managers receive . pecuniary proht
and enlist 20 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 bs admitted for the purposes Of
this decision, Is was srgued by respon.
dents' counsel, that the people Of this State
are essentially . gambling people. ready
at all times 10 take 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 to proceed.
This question 10 ono that must DO con.
sidered Is settled by the adoption Of the
constitutional provision Tex parte Darling,
recently decided
In the Art Union case, 10 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 tho lotteries where the msna.
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 a. 10 contained In tho Art Union
scheme, II 10 not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
so apparent as II Its prizes were to DO paid
In money, or as II would be II framed for
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 the scheme. The Constitution
took away tho 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 II we're to DO i'd.
mltted that the scheme Is entirely harm.
less In its consequences. IL would form NO
ground for making 10 by judicial con.
struction an exception TO the general and
absolute constitutional prohibition"
"Tho law knows no person /; IL 10 no
made for tho individual man, but for men.
As the dow OF heaven falls, 10 IL bears
alike upon tho just aud unjust" Estate
vs.. Pierce, 8 New, 304.
1t smiles and frowns upon all alike. It
makes 10 distinctions. Submission 10 Its
authority 10 incumbent upon all.
Third-It 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 the views already expressed u 10
apparent that 1t 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 10 without warrant OF
law.
Tho Judgment Of this Court IL that the
respondents have no right. liberty. or
franchise, by virtue 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 o. 1881
Stat, 1881. 1851; and that tho costs Of
HAwLEY, j.
We concur: LEONARD, G. ].
BELKNAP, ].