Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-09
SUPREME COURT DECISION.

We publish below the decision Of our
Supreme Court In the matter Of er pdrts
Blanchard (a lottery CASEY, delivered in
the January term Of 1874. Opinion was
delivered by Judge Belkuap:
The "Nevada Benevolent Association"
vss authorized BY an Act Of the Legisls-
turs. approved March ), 1871. 70 give NOT
exceeding three public entertainmsnn OF
gift concerts, and to cell tickets Of admis'
sion TO the Same emitting the noiaer 70
participate In Q distribution Of AWARDS "py
raffie or other scheme OF like character. 4.
The petitioner 10 the managing agent OF
the association. He has bean arrested
and Ia In custody for selling lottery tickets.
contrary to the provisions Of the statute,
.nnroyed March 4, 1873. entitled "An act
10 prohibit lotteries" The tickets sold
were those Of the "NevadA Benevolent Az
n h clear that the Act Of March s. 1871.
s.nctions \ lottery. The charaoter OF the
scheme h in no wise changed BY the char
table purpose expressed In its title, nor
by calling the drawings entertainments
or eift concerts" Tho ffth section OF the
Act declares that "nothing In this Act
contained shall be construed ~ authoriz'
ing q lottery In this State, or - allowing
the sale Of lottery tickets contrary to the
proyisions OF the Constitution"
The State government 10 divided BY the
organic law into executive, legislative and
iudicial departments, and no person
cbarced with the exercise Of powers prop
erly belonging to one Of these departments
sha,l exercise any functions appertaining
10 either Of the others except In cases ex-
pressly directed or permitted. Const. ART.
III. The construction TO % piaced upon
this Act must be determined by tho Court
alone. The attempted exercise Oh this
power BY the Legislature was An assump..
ton Of the functions Of the Judiciary and
must be disregarded. i,
Dy statute 10 and II, W. III. Q. II. all
lotteries are declared to DO public nuis.
ances. 4 Bl. Com. 16S. This statute re.
mained in force in England at the time Of
the declaration Of American Independence,
and being applicable to our situation.
constitutes part Of the common law OF
the United States. From the language
EMPLOYED in the Cons tuition. u 10 evident
that this was the understanding OF its
trainers. In tho restriction upon the
power Of the Legislature. IL is not said
that lotteries shall be prohibited, but that
emo lottery shall DO authorized BY this
State" This constitutional clause con-
sidered in the light Of the common law
implies that lotteries could bs lawfully
created by authority Of the Legislature
only. But his authority ros riihhsid, and
the Act Of March 8. 1871. being in direct
violation Of the prohibition. i' uneon.tif"-
t;onoi. Since, then. this lottery IL unau'
,horized by common Law or valid statute
IL follows that the objection urged that the
Ac. Of 1873 impairs the obligation Of con-
tracts IL without force.
We are Of opinion that the act TO pro-
hibit lotteries took effect. as BY the terms
OF its tenth section II Is declared It shall.
..from and after tho Arst day OF January
ono thousand eight hundred and seventy.
four" and is applicable to tickets sold
under the act Of the Legislature Of March
s, 1871, entitled IAN act to aid the Nevada
Benevolent Association In providing means
to erect an insane asylum"
The petitioner 10 remanded to the Gus
tody whence he came.