Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-20

cases In the United States 10 sustain the
position commended for by respondents
and that NO argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been de-
cided adversely 10 them BY the Courts Of
other States, where the constitutional
provisions arc substantially the Same -
II is proper 10 add that w have arrived
at the conclusion stated without consider
ing the question Of tho morality, or i'm.
morality Of this particular scheme. It
makes nc difference whether IL was set on
foot purely for the purpose OF raising rev.
enue for the benefit OF the "lnsane and
Charitable Fund" OF this State, or whether
10 belonged TO 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 and
most revolving form directly to that sordid
passion, and to no other sentiment; where
the managers receive . pecuniary pront
and enlist "a corps Of active seducers 70
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 be admitted for the purposes OF
this decision, o. was argued BY respon-
dents counsel, that the people Of this State
are essentially o gambling people, ready
at all times to 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 10 proceed.
This question 10 one that must be con.
sidered a. settled by the adoption Of the
constitutional provision ex parto Darling,
recently decided
In the Art Union case, TO which We have
frequently referred, IL was claimed that
the enterprise was really Of Q meritorious
character, and that IL differed, In this 70.
spect, from the lotteries where the mana
ayers were to receive tho lions share Of
the profits. The Court, In answer TO this
argument, said:
eli no lotteries had existed excepting
such a. Is contained In the Art Union
scheme. IL IL not probable that they would
have been forbidden by the Constitution
or by law. Its mischlefs are certainly not
30 apparent as II its prizes were to be paid
In money, or a. II would DO II framed for
the purpose OF enticing the neoessitous and
improvident into Its hazards. But this
case cannot DO decided according to
the viows we may entertain OF tho probable
good or evil consequent upon tho execu.
ton Of tho scheme. Tho Constitution
took away tho 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 IL were to DO id.
mitted that the scheme Is entirely harm.
less In Its consequences, IL would form no
ground for making II by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
"The law knows nc person IL 10 no
made for tho individual man, but for men.
As tho dew Of heaven falls, 10 II bears
alike upon tho Just and unjust" Estate
W. Pierce, 8 New, 304.
Il smiles and frowns upon all alike. II
makes no distinctions. Submission TO Its
authority IL incumbent upon all.
Third-It 10 unnecessary 10 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 tho views already expressed II 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 DO without warrant Of
Law.
The Judgment OF this Court 10 that the
respondents havo no right. liberty. or
franchise. by virtue Of any law, to sdver.
tise, print, circulate or sell any tickets In
the scheme or enterprise Of the "Nevsda
Benevolent Association" within this State,
or TO do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
Association" approved March o. 1881
Stat. 1881. 1901; and that the costs OF
this proceeding DO taxed against them.
HAwLrY, J.
We concur; LEONARD, @. ].
RHLHyLp. j.