Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-24

cases In the United States to sustain the
position commended for BY respondents I;
and that NO argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been do.
cided adversely to them by the Courts Of
otber States, where tho constitutional
provisions are substantially the same a.
our own.
Il Is proper to add that We have arrived
at the conclusion stated without consider
ing tho question OF the morality, or I'm.
morality Of this particular scheme. 1t
makes no difference whether II was set on
foot purely for the purpose OF raising rev.
enuo for the benefit OF the "1nsane and
Charitable Fund" Of this State, or whether
Il belonged 10 that class Of lotteries that
are made up Of pecuniary prizes and min
lister TO the love Of gain |; whose schemes
address themselves In the grossest q
most revolving form directly TO that sordid
passion, and to no other sentiment; where
the managers receive . pecuniary profit
and enlist ." 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.
It may DO admitted for the purposes Of
this decision, - was argued BY respon.
dents counsel. thstthe people Of this State
are essentially . gambling people. ready
ct all times 10 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 q that must DO cor.
sidered as settled by the adoption Of tho
constitutional provision lex parte Darling,
recently decided.l
In the Art Union case, 10 which We have
frequently referred, IL was claimed that
the enterprise was really Of . meritorious
character, and that 10 differed, In this 70.
spect, from the lotteries where the mana.
ayers were to receive the lions share Of
the profits. Tho Court, In answer to this
argument, said:
"If NO lotteries had existed excepting
such as IL contained In the 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 Is II Its prizes were to DO paid
In money. or 90 u 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 tho probable
good or evil consequent upon the execu.
| ton OF the 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 to confer that power on the
judicial tribunals. II II were to DO id.
mitted that the scheme Is entirely harm.
less in It's consequences. IL would form no
ground for making IL by Judicial con.
struction an exception 10 the general and
absolute constitutional prohibition"
"The law knows no person; IL 10 no
made for the individual man, but for men.
As tho dew Of heaven falls, 30 IL bears
alike upon the Just and unjust" Estate
vs.. Pierce, 8 New, 304.
It smiles and frowns upon all alike. II
makes no distinctions. Submission to it,
authority Is incumbent upon all.
Third-It Is unnecessary to discuss any
OF tho other points suggested by respon'
dents' council.
We will not presume. In advance, that
respondents intend 10 violate the law.
From tho views already expressed u ID
apparent that II would make no difference
whether respondents base their right tc
act In the premises under the articles ol
incorporation or under the provisions OIL
the Act Of the Legislature. In either oven,
their Acts would be without warrant o.
law.
The judgment Of this Court is that thu
respondents have no right. liberty. Of
franchise. by virtue Of any law, to adver,
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of the "Nevadi
Benevolent Association" within this State,
OF to do any Of the acts specified In the
statute, "to aid the Nevada Benevolent
Association" approved March D.. 1881
Stat, 1881. 1861 and that tho costs Of
this proceeding DO taxed against them.
HAwLEY, j.
We concur LEONARD, G. J.
4 j..