Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-28

revenue, they would not have used the
language they did In the concluding sen.
tence, "Nor shAll the sale Of lottery tick.
ets be allowed" These words clearly
show that II was not intended that any
lottery should bs authorised BY this State
for any purpose.
The words "by this sAts," - used In
our Constitution, and the words " In this
State" cor within >thls ststs." - used
In the Consultations Of New York, have
virtually the ssms meaning.
"No lottery shall b authorised BY this
ststs, nor shall the sale Of lottery tickets
bs allowed" ~
This language sppliss 70 all lotteries.
whether public or private. To lottertes
conducted BY the 6tats By the church !;
BY privats individuals; BY benevolent and
charitable associations. and BY oorpora.
No lottery Of any kind can bs author.
ICED BY the Legislature undsr the present
Constitution. . .
We again repeat what, Il seems 10 us.
must be evidsnt 70 every unbiased and i'm.
partial mind. that the Language Of the
constitutionl, provision 10 too plain for
argument. That under Il the Legislaturs
cannot authoriss any lottsry in this STATE,
and that the ACT approved March Q. 1881.
10 null and void.
We are conscious Of the fact that u was
unnecessary TO add anything 10 the reason.
lug Of this Court In sr parts Blanchard.
which 10, Of itself. absolutely conclusive
upon both Of the points ws have discussed.
But Il has been attempted, BY . desire
upon our part, TO show that no authority
could 10 found In any Of the sdjudicated
cases In the United States 10 sustain the
position eontsnded for BY respondents J.
aud that NO argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been dc.
cidsd adversely TO them BY the Courts OF
other States, where the constitutional
provisions arc substantially the same -
our own.
It's proper TO add that We have arrived
at the conclusion stated Without consider.
ing the question Of the morality. or i'm.
morality OF this particular scheme. IL
makes no difference whether u was Get on
foot purely for the purpose Of raising rev.
snue for the benefit Of the "Insans and
Charitable Fund" OF this State, or whether
IL belonged 70 that class OF lotteries that
are made up Of peouniary prizes and min.
lister to the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and 10 no other sentiment; where
the managers receive . pecunisry proft
aud enlist 80 corps OF active seducers TO
draw the weak and unwsry into the pur.
chase Of tickets" by extensive advertise
msnts containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
Il may bs admitted for the purposes Of
this decision. - was srgued BY respon.
dents' counsel. that the people Of this State
are essen TALLY . gambling people, ready
st all times to taks the desperate chances
which lotteries afford. and that NO In.
furious effects upon tho morals Of the peo.
Die would result II this game Of chance
was allowed to proceed.
This question 10 one that must be con.
sidered a. settled by the adoption Of the
constitutional provision lex psrts Darling.
recently decided.
In the Art Union case, 10 whioh We have
frequently referred, 10 was claimed that
the enterprise was really Of meritorious
character, and that 10 differed, In this 70.
speot, from the lotteries where the mana.
ayers were 10 receive the lions share Of
the profits. The Court, In answer 70 this
argument, said:
"If no lotteries >hsd existed excepting
such - 10 contained In the Art Union
scheme. Il 10 not probable that they would
have been forbidden BY the Constitution
or by Law. In mischieis are certainly not
20 apparent - II its prizes were to b paid
In money, or - Il would be II framed for
the purpose Of entieing the nscessitous and
improvlJent into it, hazards. But this
case cannot be decided according 70
the views We may entertain Of the probable
good or evil consequent upon the exeou.
tion 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 tho
Judicial tribunals. II Il we're to bs ad.
mitted that the scheme II entirely harm.
less In its consequences. IL 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, a. TO the nature OF the trans.
action or the character Of persons engaged
In Il. 1t IL their bounden duty 70 declare
the law.
"Ths law knows no person u 10 not
made for tho individual man, but for men.
A. the dew Of heaven falls. 20 IL bears
alike upon the Just and unjust" State
W. Pierce, 8 New, s04.
Il smiles and frowns upon al alike. II
makes no distinctions. Submission 70 its
authority IL incumbent upon oil.
Third-It 10 unnecessary 70 discuss any
Of the other points suggested BY rsspon'
dsuts' council.
We will not presume. In advance. that
respondents intend 70 violate the law.
From the views already expressed IL 10
apparent that Il would make no difference
whether respondents base their right to
act 10 the premises under tho 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 10 that the
respondents have no right. liberty. or
franchise, BY virtue Of any law. 70 sdver.
tiss, print. circulsts or sell any tickets IN
the scheme or enterprise Of the I" Nevada
Benevolent Association" within this State,
or TO do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
Association" approved March .. 1881
fstat.. 1881, 1851; and that the costs Of
this proceeding be taxed against them.
HAwLxr, ].
We concur LEONARD, @. ].
BxLxSAP. j.
NOTHING SHORT OF
unmistaksbls benefits conferred upon tens Of