Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-08
SUPREME COURT DECISION.

We publish below the decision OF cur
Supreme Court in the matter Of er parts
Blanchard 70 lottery CASEY. delivered in
the January term Of 1874. Opinion was
delivered by Judge Belknap:
The "Nevada Benevolent Association"
was authorized BY an Act Of the Legisis.
ture. approved March ., 1871. 70 give not
exceeding three public entertainments or
Gift concerts. and TO sell tickets Of admis'
sion to 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 OF
the association. He has been arrested
and Is in custody for selling lottery tickets.
contrary TO the provisions OF the statute,
Approved March Z. 1873, entitled can act
10 prohibit lotteries" The tickets sold
were those Of the "Nevsda Benevolent As
ISOLATION" o,,
n Il clear that the Act Of March 8. 1871,
sanctions q lottery. Tho character Of the
scbeme IA In no wise changed by the char
table purpose expressed In Its title, nor
by calling the drawings entertainments
or Gift concerts." The fifth section OF the
Act declares that "nothing In this Act
contained shall DO construed ~ authoriz'
ing a lottery In this State. or - allowing
tho sslo Of lottery tickets contrary to the
provisions OF the Constitution.
The State government 10 divided BY the
organic law into executive. Legislative and
iudicisl departments, and NO person
charged with the exercise Of powers prop
erly belonging 70 one OF these departments
shall exercise any functions appertaining
to either Of the others except IN cases ex-
pressly directed or permitted. Const. Art.
III. The construction to DO placed upon
this Act must be determined BY tho Court
alone. The attempted exercise OF this
power BY the Legislature was an assump..
ton Of the functions OF the Judiciary and
must be disregarded. ~
By statute 10 and II. W. III. Q. II. all
lotteries are declared TO be public nuis.
spces. 4 Bl. Com. l6s. This statute 70.
mained 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 Oh
the United States. From the language
EMPLOYED in the Constitution. II 10 evident
that this was the understanding OF its
trainers. In the restriction upon tne
power Of the Legislature. IL is not SAID
that lotteries shall be prohibited, but that
"po 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. Bat III. authority cas 'eifhAsfd. and
the Act Of March 8. 1871. being In direct
violation Of the prohibition, 10 uaeo"'titn'
tionoi. Since. then. this lottery Is unau'
,horized by common law or valid statute
il follows that the objection urged that the
Ac, Of 1879 impairs the obligation Of con-
tracts is without force.
We are Of opinion that the act TO pro-
hibit lotteries took effect, as BY the terms
of its tenth section II 10 declared 10 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
3, 1871, entitled IAN act to aid the Nevada
nevoient Association In providing means
to erect an insane asylum"
The petitioner IL remanded to the Gus
tody whence he came.