Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-22

Ing OF this Court In &c parts Blanchard,
which 10, OF itself. absolutely conclusive
upon both OF the points we have discussed.
But IL has been attempted, by . doaire
upon our part, 70 show that no authority
could 10 found In any Of the adjudicated
cases In the United States TO 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, where the constitutional
provisions are substantially tho same a.
our own.
II Is proper TO add that We have arrived
At the conclusion stated without consider
ing the question Of tho morality. or i'm.
morality Of this particular scheme. 1t
makes no difference whether IL was set on
foot purely for tho purpose Of raising rev.
enue for the benefit Of the "Insane and
Charitable Fund" Of this State, or whether
II belonged 70 that class OF lotteries that
are made up Of peouniary prizes and min
lister 10 the love Of gain /; whose schemes
address themselves In the grossest and
NC 1t revolving form directly TO that sordid
passion, and to NO other sentiment; where
the managers receive . ~peeuniary proAt
and enlist ga corps Of active seducers to
draw the weak and unwsry into the pur.
chase Of tickets" by extensive advertise
ments containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
II may be admitted for the purposes Of
this decision. % was srgued BY respon.
dents' counsel, that the people Of this State
are essentially Q gambling people. ready
at ali times TO take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals OF the PEG.
Die would result II this game Of chance
was allowed 10 proceed.
This question 10 q that must be con.
sidered a. settled by tho adoption OF tho
constitutional provision ex parte Darling.
recently decidsd.l
In the Art Union case. to which We have
frequently referred, IL was claimed that
the enterprise was really Of . meritorious
character, and that II differed. In this re.
spect, from the lotteries where the mana.
ayers were to receive tho lions share OF
the profits. The Court, In answer to this
argument, said:
"Ifn no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, Il 10 not probable that they would
have been forbidden by the Constitution
or by law. Is mischisfs are certainly not
20 apparent - II its prizes were to be paid
In money, or % IL would DO II framed for
the purpose Of enticing the necessitous and
improviLent into its hazards. But this
the views We may entertain OF the probable
good or evil consequent upon the execu'
ton Of the scheme. Tho Constitution
took away tho power Of determining
whether this or any other lottery was Of
good or evil tendency, and certainly did
not intend 70 confer that power on the
judicial tribunals. II IL we're TO be I'D.
mitted that the scheme 10 entirely harm.
less In its consequences, II would form no
ground for making II by judicial con.
struction su exception TO the general and
absolute constitutional prohibition"
Courts cannot mako any distinction, In
this respect. a to the nature Of the trans.
action or the character OF persons engaged
In II. 1t IL their boundsn duty 10 declare
the law.
1.-THE law knows no person II 10 not
made for the individual man. but for men.
Al the dew Of heaven falls, 90 Il bears
alike upon the Just and unjust" Estate
W, Pierce, 8 New, 804.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission TO its
authority 10 incumbent upon oil.
Third-It 10 unnecessary TO discus any
Of tho other points suggested by respon.
dents' council.
We will not presume, In advance, that
respondents intend to violats tue law.
From the Views already expressed IL 10
apparent that IL would make nc difference
whether respondents base their right 10
act In the premises under the articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In either event
their Acts would be without warrant Of
Law.
The judgment OF this Court 10 that the
respondents have no right. liberty. or
franchise. BY virtue Of any law. to sdvsr.
tiss, print, circulate or sell any tickets In
the scheme or enterprise Of the Nevada
Benevolent Association" within this State,
or 70 do any Of the acts specified In the
statute. ITO aid the Nevada Benevolent
Association," approved March 9, 1881
(Stat., 1881, 1851 and that the costs Of
this proceeding be taxed against them.
HAwLEY, j.
We concur LEONARD. O. J.
BELKSAP. ].