Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-14
GOLD HILL STOREY CO. JUNE A. 1881

l.. NEVADA: TUESDA
revenus, they would net have used the
isnauags they did In the concluding sen.
tenoe. " Nor shsll the sale OF lottery tick.
su Be- allowed" Thess words clearly
show that u vas mot intended that any
lottsry should b authorised By this State
for any purpoee.
Tho words sby this Ghts," q ussd In
our Conshtutioa, and ths words "in this
ststs," "or within this Stat" J" - used
IN The oonsatutoas Of Nsv york, have
virtually the sAns meaning. i,l,
"No lottsry shall b authorised b this
stats, nor shall ths sale Of lottery tieksts
bs allowed"
This Language applies 10 all lottsries,
whsthsr publip or private. 10 fottsries
conducted By The etats By the church ;
by private tndividuals BY benevolent and
charitable associations, and By corpora
tions. sl =
No lottery q any kind can b author.
ised by the tAgislaSurs under The present.
Copsitution. = . ., . . . .
We again rspeat what, u seems 10 n,
must be evident 70 every unbiased and I'm
partial mind, that the language Of the
constitutional provision u TOO plain for
argument. Tuat andsr u the Legislature
cannot authot - any lottsry In this stats,
and that the 80 approved March e.'lsel,
II null and va
Wsass cssfssious Of the fact that 10 vas
unnecessary 70 add anything 70 the reason
Ing Of this Court In - pdrts Blanchard.
which 10, Of itsslf. absolutely conclusive
upon both Of the points ws have discussed.
But Il has been attempted, By deairs
upon our part. 70 show that no authority
could be found In any Of the sdjudloated
Gases In the United States 10 sustain the
position conended for BY respondents |;
and that no argument has been advanced
By respondents, upon either Of these
points. that has not hsretofore BEEN do.
cided adversely 70 them By the Courts OF
othsr States, whore the constitutional
provisions are substantially the same -
our own.
Il 10 proper 10 add that ws have arrived
st the conclusion stated without consider.
ing the question Of the morality, or i'm
morality Of this particular scheme. II
makes no differsncs whether u was cot on
foot purely for the purpose Of raising rev.
epue for the benefit OF the "lnsane and
Charitable Fund" OF this State, or whether
ID belonged 70 that GLASS Of lotteries that
arc made up Of peouniary prizes and min.
lister 10 the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly 70 that sordid
passion, and 70 no other sentiment; where
the managers receive . pecunlsry proft
and enlist "a corps Of aotive seducers 70
draw the weak and unwary into the pur.
chase Of tickets BY extensive advertise
msnts containing brilliant pictures Of the
favorable chances to acquire sudden
wealth.
1t may bs admitted for the purposes Of
this decision, - was argued by respon.
dsnh' counsel. that the people Of this State
are essentially . gambling people, ready
st all times 70 take the desperate chances
which lotteries afford, and that NO In.
furious effects upon the morals Of the peo.
pls would result II this game Of chance
was allowed TO proceed.
This question 10 one that must bs con.
sidered a. settled BY the adoption Of the
constitutional provision | OK parte Darling.
recently decided.
In the Art Union case, TO which We have
frequently referred, 10 was claimed that
the enterprise was really Of . msritorious
character, and that Il differed, In this 70.
speot, from the lotteries where the mana.
ayers were 10 receive the lions share OF
the prons. The Court. In answer 10 this
argument, said:
"If no lotteries had existed excepting
such a. II contained In the Art Union
scheme, Il 10 not probable that they would
have been forbidden BY the Constitution
or BY Law. In mischiefs are certainly not
10 apparent - II its prizes were to be paid
In money. or - IL would be II framed for
the purpose Of enticing the necessitous and
improviient into its hazards. But this
case cannot be decided scoording 70
the views We may entertain Of the 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 10 confer that power on the
judicial tribunals. II II we're 10 be ad.
mittsd that the scheme 10 entirely harm.
less In its consequences, II would form no
ground for making 10 BY judicial con.
struction An exception 10 the general and
absolute constitutional prohibition"
Courts cannot make any distinction. In
this respect, - 10 the nature OF the trans.
action or the character Of persons engaged
In IL. 1t IL their boundsn duty 70 declare
the law.
"The law knows NO person u 10 not
made for tho individual man, but for men.
Az the dew Of heaven falls, % IL bears
alike upon the Just and unjust" State
W. Pierce, 8 New, S04.
Il smiles and frowns upon oil alike. II
makes no distinctions- Submission 70 IL
authority IL incumbent upon all.
Third-It II unnecessary 70 discuss any
Of the other points suggested BY respon.
dsnts' council. ta
We will NOT presume. In advance, that
respondents intend 70 violate the law.
Prom the views already expressed u 10
apparent that 10 would make no difference
whether respondents base their right 70
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 d that the
respondents have no right. liberty, or
franchise, BY virtue Of any law. 70 adver.
tise, print, oirculsts or sell any tickets 10
the scheme or enterprise Of the Nevada
Benevolent Association" within this State,
or 70 do any Of the acts specified In the
statute, "to aid the Nevada Benevolent
ASSOCIATION" approved March o. 1881
fStat., 1881, l66I |; and that the costs OF
this proceeding bs taxed against them.
HAwLxY, ].
We concur: LroNARD, O. ].
BxLKNAp, j.
THE SUN FOR 1881.
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