Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-03
SUPREME COURT DECISION.
w. publi.h below The deoisIon Of our

We publish below the decision OF our
Supreme Court In the matter Of &c pd,ts
Blanchard (s lottery easel. delivered In
the January term Of 1874. Opinion was
delivered by Judge Belknap:
The "Nsvads Benevolent Association"
vss authorised by an Act Of the Legisla.
ture, approved March 8, 1871. 70 give not
exceeding three public entertainments or
gift concerts, and TO sell tickets Of admis-
sion 70 the same emitting the holder 70
participate In distribution OF awards "by
raffis or other scheme OF like oharscter.
The petitioner 10 the managing agent'oi
the association. He has been arrested
and 10 In custody for selling lottery tickets.
contrary to the provisions Of the statute.
approved March Z. 1873. entitled can aot
to prohibit lotteries" Tho tickets sold
we're those Of the "Nevada Benevolent As
II 4 clear that the Act Of March 8. 1871.
ssnct lions = lottery. The character Of the
scheme Il In no wise changed by the char
table purpose expressed In its title, nor
by calling the drawings entertainments
or gift concerts" The 9th section Of the
Act declares that "nothing In this Aot
contained shali be construed - authorize
ing lottery In this State, or - allowing
the sale Of lottery tickets contrary TO the
provisions OF the Constitution"
The State government IL 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
to either Of the others except In cases ex'
pressly directed or permitted. Const. Art.
I'm. The construction 70 be placed upon
this Act must be determined by the court
alone. The attempted exercise Of this
power by the Legislature was an assnmP,
tion Of the functions OF the Judiciary and
must be disregarded. 4,
By statute 10 and IL, W. III, Q. II. all
lotteries are declared 10 be public nuis.
snces. 4 Bl. Com. l68. This statute 70.
msined In force In England at the time OF
the declaration OF American Independence,
and being applicable to our situation.
constitutes o part Of the common law Of
the United States. From the language
employed in the Constitution. II is evident
that this was the understanding OF its
trainers. In the restriction upon the
power OF the Legislature. 1t 10 not said
that lotteries shall be prohibited. but that
"uo lottery shall be authorized BY this
State" This constitutional clause con-
sidered In the light Of the common law
implies that lotteries could bs lawfully
created by authority OF the Legislature
only. Bat this authority nas teithhsid, and
the Act Of March 8. 1871. being In direct
violation Of the prohibition, is uneo"'iifu.
tionai. Since, then. this lottery is unsu.
,horized by common law or valid statute
Il follows that the objection urged that the
Act Of 1873 impsirs the obligation OF con.
tracts IL without force.
We are OF opinion that the act to pro-
hibit lotteries took effect. as by the terms
Of its tenth section 1t is declared 1t SHALL
"irom 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 to aid the Nevada
Benevolent Association In providing means
to erect an insane asylum"
Tho petitioner 10 remanded to the Gus
tody whence he came.