Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-31

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 TO them BY the Courts Of
other States, whero the constitutional
provisions are substantially the Same -
our own.
Il Is proper TO add that We have arrived
Ut 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 set on
foot purely for the purpose Of raising rev.
enue for the benefit OF the "lnsane mo
Charitable Fund" Of this State, or whether
Il belonged 70 that class Of lotteries thai
arc made up Of pccuniary prizes and min.
lister 10 the love Of gain ; whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and to NO other sentiment; where
the managers receive Q pecuniary proht
and enlist 80 corps Of sotive seducsrs 70
draw the weak and unwsry into the pur-
chase Of tickets" BY extensive advertise
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision, - was argued by respon-
dents counsel, thatthe people Of this State
arc essentially . gambling people, ready
at all times to take the desperate chances
which lotteries afford, an. that no In.
furious effects upon the morals Of the PEG.
pie would result II this game Of chance
was allowed TO proceed.
This question 10 q that must DO con.
sidered Is settled by tho adoption Of tho
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 . meritorious
character, and that u differed, In this 70.
spect, from tho lotteries where the mani
ayers were TO receive the lions share OF
the profits. The Court, In answer 70 this
argument, said:
"Ifn no lotteries had existed excepting
such a. 10 contained In the Art Union
scheme, II Is not probable that they would
have been forbidden by tho Constitution
or by law. Its mischiefs arc certainly not
20 apparent - II It's prizes were to DO paid
In money, or % IL would be II framed for
the purpose Of enticing the necessitous and
improvident into Its hazards. But this
case cannot DO decided according 70
tho views vi may entertain Of the probable
good or evil consequent upon tho execu.
ton Of tho 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 the
judicial tribunals. II II were to DO i'd.
mittcd that the scheme is entirely harm.
less In its consequences, II would form no
ground for making II by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person; IL 10 NO
made for tho individual man. but for men.
As tho dew Of heaven falls. 90 II bears
alike upon tho just and unjust" Estate
vs.. Pierce, 8 New, S0i.l
It smiles and frowns upon all alike. II
makes no distinctions. Submission TO its
authority Is incumbent upon all.
Third-It II unnecessary 10 discuss any
Of tho other points suggested by respon.
dents council.
We will not presume. In advance, that
respondents intend to violate the law.
From the views already expressed n II
apparent that IL would make no differences
whether respondents base their right Il
act In the premises under tho articles o.
incorporation or under the provisions o.
the Act OF the Legislature. In either even
their Acts would be without warrant o.
law.
Tho judgment Of this Court 10 that III,
respondents have no right. liberty, Of
franchise, by virtue Of any law, 10 adver
tlse, print, circulate or sell any tickets In
the scheme or enterprise Of the "Nevsdi
Benevolent Association" within this State,
or to do any Of tho acts specified In the
statute, "to aid tho Nevada Benevolen,
Association" approved March 0. 1881
lStat., 1881. 1861; and that tho costs oi
this proceeding be taxed against them.
HAwLEY, j.
We concur: LEONARD, @. ].
BELKNAP, j.