Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-02

ing Of this Court In sx pdrfs Blanchard.
which 10, Of itself, absolutely conclusive
upon both Of the points we have discussed.
But IL has been attempted, BY . desire
upon orr part, 70 show that NO authority
could 10 found In any Of the sdjudicsted
cases In the United States to sustain the
position commanded for by respondents /;
and that NO argument has been advanced
by respondents. upon either OF those
points, that has not heretofore been do.
cided adversely 10 them BY the Courts Of
other States, where tho constitutional
provisions are substantially the same -
our own.
Il is proper 10 add that We have arrived
q the conclusion stated without consider.
ing the question Of tho 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:.
suus for tho benefit Of the "lnsane md
Charitable Fund" Of this State, or whether
Il belonged 70 that class Of lotteries that
ara made up Of peeuniary prizes and min.
lister to the love Of gain ; whose schemes
sddrsss themselves In the grossest and
most revolving form directly 10 that sordid
passion, and 70 NO other sentiment; where
the managers receive . pecunisry pront
and enlist 90 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.
Il may DO admitted for the purposes OF
this decision, - wa argued BY respon.
dents' counsel, that the people OF this State
are essentially Q gambling people, ready
at al 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 10 proceed.
This question 10 one that must be con.
sidsred - settled by tho adoption OF tho
constitutional provision OK parte Darling,
recently decided
In the Art Union case. 10 which wo have
frequently referred, II was claimed that
the enterprise was really Of . meritorious
character, and that IL differed. in this 70.
spect, from the lotteries where the mana.
sasrs were 70 receive tho lions share Of
the profits. The Court, In answer 10 this
argument, said:
off q lotteries had existed excepting
such a II contained In the Art Union
sohsme, Il 10 not probable that they would
have been forbidden BY the Constitution
or by law. Ih misohisfs are certainly not
20 apparent - II Its prizes were to DO paid
In money, or ~ 10 would bs II framed for
the purpose Of entioing the necessitous and
improvident into It's hazards. But this
case cannot DO decided according 70
the views We may entertain Of the probable
good or evil consequent upon the exscu.
lion Of the scheme. Tho Constitution
took away the power Of determining
whether this or any other lottery was OF
good or evil tendency. and certainly !
not intend 10 confer that power on tbs
judicial tribunals. II IL we're TO DO I'd.
mitted that the scheme Ia entirely harm.
less In it, consequences. II 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 ; 10 10 not
made for tho individual man, but for men.
As the dew Of heaven falls. so 1t bears
alike upon the Just and unjust" Estate
W. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. 1t
makes no distinctions. Submission 70 It's
authority II incumbent upon all.
Third-It II unnecessary 70 discuss any
Of tho other points suggested by respon-
dsnts' council.
We will not presume, In advance. that
respondents intend TO violste tho law.
From the views already expressed II 10
apparent that 10 would make NO difference
whether respondents base their right 10
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 DO without warrant Of
Law.
The Judgment Of this Court is that the
respondents have no right. liberty. or
franchise, by virtuo Of any law. to adver-
tiss, 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
fStat.. 1881. 1861 and that the costs Of
this proceeding be taxed against them.
HAwLEY, j.
We concur LEONARD, @. j.
D~ELKSAP. J..