Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-10
SUPREME COURT DECISION.

We publish below the decision Of our
Supreme Court iu the matter Of a pdrk
Blanchard Ia lottery csse). delivered In
the January term Of 1874. Opinion was
delivered by Judge Bslknsp:
Tho Nevada Benevolent Association"
vss authorized BY an Act Of the Legisls.
ture. approved March 8. 1871, TO give not
exceeding three public entertainments or
gift concerts. and 10 sell tickets OF admis-
sion to the same emitting the holder 70
participate In distribution OF Awards "oy
raffie or other scheme Of like character"
The petitioner 10 the managing agent OF
the association. He has been arrested
aud Ia In custody for selling lottery tickets.
contrary to the provisions OF the statute,
approved March Z, 1873, entitled IAN sot
10 prohibit lotteries" The tickets sold
we're those Of the "Nevada Benevoient A.
ISOLATION" ,.
II ia clear that the Act OF March 8. 1871,
sanctions = lottery. Tho character OF the
scht me Il In no wise changed by the char
liable purpose expressed 10 Its title, nor
bv calling the drawings entertainments
or gif, concerts" The ffth section OF the
Act declares that "nothing in this ACT
contained shall be construed ~ suthoriz.
iuy q lottery In this State, or a. allowing
the sale Of lottery tickets contrary to the
provisions Of the Constitution"
The State government 10 divided by the
organic law into executive, legislative aud
Judicial departments, and NO person
charged with the exercise Of powers prop
erly Belonging to one Of these departments
sball exercise any functions appertsining
to either Of the others excerpt In cases ex.
pressly directed or permitted. Const. Art.
III. The construction TO be placed upon
this 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.
By statute 10 .ud II, W. III. Q. II. all
lotteries are declared TO be public nuis.
spces. 4 Bl. Com. l68. This statute re.
NAMED iu force In England at the time Of
the declaration Of American independence
and being applicable to our situation:
constitutea q part Of the common law OF
the United States. From the language
employed in the Constitution. IL Is evident
that this was the understanding of ita
trainers. In the restriction upon the
power Of the Legislature. IL 10 NOT said
that lotteries shall be prohibite !, but that
mo lottery shall be authorized by this
State" This constitutional clause eon'
.idered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. Bat dis authority 'eds ,rifhhsid. and
the Act Of March 8. 1871. being 10 direct
violation Of the prohibition, 70 Hneo"'t't"-
tionai. Since, then. this lottery Is 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 arc Of opinion that the act 70 pro-
hibit lotteries took effect, a. BY the terms
Of its tenth section It Is declared 1t 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 TO aid tho Nevada
Benevolent Association in providing means
TO erect an insane asylum"
The petitioner 10 remanded TO the Gus
tody whence be came.