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

ing Of this Court In q parfs Blanchard.
which 10, OF itself, absolutely conclusive
upon both Of the points We have discussed.
But IL has been attempted, BY . desire
upon our part, 10 show that no authority
could b found In any Of the adjudicated
Gases In the United States 70 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 70 them BY the Courts Of
other States, where the constitutional
provisions are substantially the Same %
our own.
Il IL proper 70 add that We have arrived
# the conclusion stated without consider
ing the question Of tho morality. or i'm
morality Of this particular scheme. II
makes no difference whether II was set on
foot purely for the purpose Of raising rev.
enue for the benefit Of the "lnsane and
Charitable Fund" Of this State, or whether
Il belonged 10 that class Of lotteries that
are made up Of peounisry prizes and min.
address themsslvss In the grossest and
passion, and 70 no other sentiment; where
the Managers receive . peeunisry proft
and enlist "s corps Of active seducsrs 70
draw tho weak and unwary into the pur-
chase Of tickets" BY extensive advertise
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may bs admitted for the purposes Of
this decision, ~ was argued By respon-
dents' counsel, that the people OF this State
are essentially . gambling people. ready
1t all times 10 taks the desperate chances
which lotteries afford, and that NO In.
furious effects upon the morals Of tho peo-
pie would result II this game Of chance
was allowed 10 proceed.
This question 10 one that must DO con.
sidsred - settled BY the adoption Of the
constitutional provision OK psrto Darling,
recently decided
In tho Art Union case, 10 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 tho lotteries whore the mans.
ayers wore 70 receive the lions share Of
the profits. The Court, In snswer 70 this
argument. said:
NO lotteries had existed excepting
such q IL contained In the Art Union
scheme, IL 10 not probable that they would
have been forbidden BY the Constitution
or by law. In mischiefs arc 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
improvident into is hazards. But this
case cannot DO decided according TO
the views We may entertain Of tho probable
good or evil consequent upon tho execu-
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 to confer that power on the
judicial tribunals. II IL we're 70 DO I'D.
mitted that the scheme 10 entirely harm.
lees In Ito consequences, IL would form NO
ground for making II BY judicial con.
struction an exception 70 tho general and
absolute constitutional prohibition"
"The law knows no person ; IL 10 not
made for the individual man. but for men.
Az the dew Of heaven falls, 20 II bears
alike upon the Just and unjust" Estate
W. Pierce, 8 New, 304.l ii
Il smiles and frowns upon oil alike. II
makes no distinctions. Submission 10 it,
authority IL incumbent upon all.
Third-It 10 unnecessary TO discuss any
Of the other points suggested by respon-
dent' council.
We will not presume, In advance. that
respondents intend TO violate tho law.
From the views already expressed II 10
apparent that II would mako no difference
whether respondents base their right TO
act In the premises under tho articles OF
incorporation or under the provisions Of