Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-30
SUPREME COURT DECISION.

We publish below the decision OF our
Supreme Court In the matter Of er pane
Blanchard 70 lottery case). delivered In
the January term Of 1874. Opinion was
delivered BY Judge Belknap:
Tho "Nevada Benevolent Association"
was authorized by an Act Of tho LeSisis'
ture. approved March 8. 1871. 70 give not
exceeding three public entertainments or
Gift concerts, and 10 sell tickets Of admis.
sion 10 the same emitting the holder 70
participate In distribution Of awards "by
raffie or other scheme Of like character.
The petitioner 10 the managing agent Q,
the association. He has been arresteo
ana is In custody for selling lottery tickets
contrary to the provisions Of the statute.
approved March Z, 1873, entitled "An act
10 prohibit lotteries" The tickets sold
were those Of the "Nsvsda Benevolent As
ISOLATION" 80,
Itis clear that the Act OF March 8, 1871.
s,pctions q lottery. The character OF the
scheme 10 In no wise changed by the char
table purpose expressed In its title. nor
by calling the drawings entertainments
or Gift concerts.' The ffth section OF the
Act declares that "nothing In this Act
contained shall be construed % authoriz.
ing q lottery In this State, or % allowing
the sale Of lottery tickets contrary to the
provisions OF the Constitution"
The State goyernmept 10 divided by the
organic law into executive. legislative and
judicial departments, and no person
charged with the exercise Of powers prop
erly belonging to one Of these departments
shsll exercise any functions appertaining
10 either Of the others except IN cases ex'
pressly directed or permitted. Const. Art.
fII. The construction to be placed upon
tbis Act must be determined by the Court
alone. The attempted exercise of this
power by the Legislature was an assumP,,
lion Of the functions Of the judiciary, and
must be disregarded. i,
By statute 10 and II. W. III. Q. II, all
lotteries are declared to be public nuis.
ances. 4 Bl. Com. 16s. This statute re.
msined In force In England at the time Of
the declaration Of American Independence,
and being applicable to our situation.
constitutes . part Of the common law Of
the United States. From the language
EMPLOYED In the Constitution, IL 10 evident
that this was the understanding of its
trainers. In the restriction upon the
power Of the Legislature, IL 10 not said
that lotteries shall be prohibited. but that
"no lottery shall be authorized BY this
State" This constitutional clause con-
sidered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. But iii. authority 'cas wiihh'ld. and
the Act Of March 3. 1871. being In direct
violation Of the prohibition. 70 uaeon'fifl'
tionai. Since, then, this lottery 10 unau.
thorized by common Law or valid statute,
IL follows that the objection urged that the
Act Of 1873 impairs the obligation Of con-
tracts 10 without force.
We are Of opinion that the act to pro-
hibit lotteries took effect, a. by the terms
Of its tenth section II 10 declared II shall,
"from and after the first day Of January.
one thousand eight hundred and seventy.
four" and Is applicable TO tickets sold
under the act Of the Legislature OF March
8, 1871, entitled IAN act 10 aid the Nevada
Benevolent Association In providing means
to erect an insane asylum"
The petitioner 10 remanded to the Gus
tody whence he came.