Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-17
GOLD HILL STOREY CO. NEVADA EVENING JUNE II 1881

revenue, they vould not have used The
lsneuags thsySdid In The concluding ssn.
tsnos, "Nor shAll the sale Of lottsEy tick.
A b allowsd." These words clearly
shov that Il vss not intsndsd that suy
lottsry should - authorised BY this Htsts
Tbe vords "hy this State" ., used In
our Coustitutica. and the words " In this
ants. !" .sor within this Shts,' q used
in the Ooustitnhpus Of New York, have
virtually the sane mssains.
"No Iottsry shAll b suthofissd b. this
ststs, nor shsll ~ sals Of lotsssy tickets
b allowed"
This language appliss 10 Ill lotteries.
vhsthsr publis uf privats. 10 lottsries
CONDUCTED by ths etats b. ths church
by priysts individuals by bsnsyolsut and
c6sritsbls associations, and by oorpors-
lions. .....s 49,.
No lottery d any kind ON b author.
ised By ths tsgislAturs under ~ present.
Oonsdtution. 90 .
We again repeat what. u seems 70 ~.
must b evident 70 sysey unblassd and I'm.
partial mind, that ths language Of the
constitutional proviaioa b TOO plain fer
argumsnt That under 70 The Legislsturs
cannot sathoriss sny lottery In this ststs.
and that The Act approved March Q, 1881,
Il null and void.
We are ooassioss of ths tast that II wss
unnecessary 70 sdd anything 70 the rsason-
ing Of this Court In e. parts Blanchard,
which 10, Of itsslf. absolutely conclusive
upon both Of the points ~ have discussed.
But u has bssn attempted, By desire
upon our part, 70 show that no authority
could bs found In any Of The adjudicatsd
cases In the United States 70 sustain the
position oontsndsd for By rsspondsns
and that no argument has bssn advanced
BY respondsnts, upon either Of these
points. thst has not hsrstofors bean Dc.
cidsd adversely 70 them By the Courts OF
other States, where the constitutional
provisions are substantially the sane -
our own.
Il u proper 10 add that We have arrived
at the conclusion stated without considsr-
Ing the question Of the morality. or i'm.
morality Of this particular scheme. II
makes no difference whether u wss set on
foot purely for the purpose OF raising rev.
enue for the bsnefit Of the "Insans and
Charitable Fund" Of this State, or whether
Il belonged TO that class Of lotteries that
are made up Of pecunisry prizes and min.
istsr to the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and 70 NO other sentiment; whore
the managers recsive . pscuniary prodt
and enlist - corps Of sotivs seduosrs 70
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise.
ments containing brilliant pictures OF the
favorable chances 70 acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision, - was argued By respou.
dens' counsel, that the people Of this State
are essentially Q gambling people, ready
st all times 70 take the desperate chances
which lottsriss afford, and that no In
furious effects upon the morals Of the peo'
pie would result II this game OF chance
was allowed 70 proceed.
This question 10 one that must b con.
sidsred as settled BY the adoption OF tho
constitutional provision q parts Darling,
recently decided.
In the Art Union case, 70 which we have
frequently referred, 10 was claimed that
the enterprise was really Of . meritorious
character, and that 10 differed. in this 70.
speot, from the lotteries where the mana.
ayers were TO receive the lions share Of
the proAs. The Court, In answer 70 this
argument, said:
"N NO lotteries had. existed excepting
such q 10 contained In the Art Union
scheme, IL 10 not probable that they would
have been forbidden BY the Constitution
or By Law. Its misohisfs are certainly not
90 apparent - II its prizes were to be paid
In money, or - 10 would be II framed for
the purpose Of enticing the nsoessitous and
improviLent into ih hazards. But this
case cannot bs decided according 70
the views ~s may entertain Of the probable
good or evil consequent upon the sxeou'
ton Of the scheme. Tho Constitution
took away the power Of Determining
whether this or any other lottery was Of
good or evil tendency. and certainly did
not intend 10 confer that power on the
judicial tribunals. II 10 we're 10 Be sd-
mitted that the scheme Il entirely harm.
less In IL consequences, IL would form no
ground for making u By judicial con.
structlon IN exception 10 the general and
absolute constitutional prohibition"
Courts cannot mako any distinction, In
this respect, a 70 the nature Of the trans.
action or the character Of persons engaged
In Il. 1t II their boundsn duty 70 declare
the Law.
"Ths law knows no person u 10 not
made for tho individual man, bat for men.
A the dew Of heaven falls, % 10 bsars
alike upon the Just and unjust" State
~. Pierce, 8 New, So4. :.
II smiles and frowns upon all alike. IL
makes no distinctions. Bubmission 70 tts
authority 10 incumbent upon al.
Third-It Il unnecessary 70 discuss any
Of the other points suggsstsd By rsspon.
deus' council.
We win not presume, In advance. that
respondents intend 70 violate the law.
From tho views already expressed IL 10
apparent that u would mako no dinsrsnos
whether respondents base thsir right 70
aot Ia the premises under the articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In sithsr event
their Acts would b without warrant OF
Law. ~
The Judgment Of this Court 10 that the
respondents have no right. liberty. or
franchise. BY virtue Of any law. 70 adver.
tise, print, circulate or sell any ticksts In
the scheme or enterprise Of the /" Nevada
Benevolent Association" within this State,
or 10 do any Of the acts specined In the
statute, "to aid the Nevada Benevolent
Assoclstion." approved March o. 1881
IBtst., 1881. 1851; and that the costs Of
this proceeding b taxed against them.
HAvLxY, ].
We concur; LEoxARp, O. J.
BELxxAY, ].
THE SUN FOR 1881.
All u. world. .s.:: % p.s::a..ss, ,hs. ;.a ne