Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-17

revenue, they would not have used The
| language they did 10 ths concluding SEN
tenoe, I" Nor shall ~ sale Of lottsry tick
cts bo allowed" These words clearly
show that Il wss not intended that any
lottery should b authorized By this Statt
The words "by this State" q used IL
our Constitution, and the words In thii
State" cor within this shts," q used
| In The coustitutioas q New York. havs
yirtualiy he same tassnins.
"Ne lottery shAll b Authorised By thii
Stats, nor shall ths sale Of lottsfy tieksts
| bs allowed" ...,.<s
This language appliss 70 al lotteries,
whsthsr public %. private. To lostsriss
conducted BY the ahts By the church
| BY privsts individual by benevolent and
charitable assoeiaaoes. and by corpora.
lions. ~.
No lottery Of a.y kind can b author.
ised ey the tsgislstars under The prsssnt
Constitution. . q = . .
We again repeat whst. u seems 70 %,
must Be svident 70 every unbiased and In.
partial mind, that The language Of the
constitutional provision \ too plain for
argument. That undsr u Ne Lsgislaturs
cannot authoriss any iottszy In this State.
and that the Act approved March Q. 1881.
10 null and void. .-~-.- .,..,-l
We are conscious Of the fact that u VA
unnecessary 70 add anything 70 the reason.
lug Of this Court 10 sx parts Blanchard.
which 10, Of itsslf. absolutely conclusive
upon both Of the points We have discussed.
But IL has been attempted, BY . deaire
upon our part. 10 show that no authority
could 10 found insny Of the sdjudicated
Gases In the United States 70 sustain the
position contended for BY respondents
aud that no argument has been advanced
BY respondents, upon either OF these
points. that has not heretofore been do.
cidsd adversely 10 them BY the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own.
Il is proper TO add that No have arrived
st the conclusion stated without consider
Ing the question Of the morality, or i'm.
morality Of this particular scheme. II
makes no difference whether u was set on
foot purely for the purpose Of raising res.
enue for the beneht Of the "Insane and
Charitable Fund" Of this State, or whether
IL belonged 70 that class Of lotteries that
arc made up Of pscuniary prizes and min
ister 10 the love Of gain whose schemes
address themselves In the grossest and
most<evol.ing form directly 70 that sordid
passion, and 70 no other sentiment; where
the managers receive . pecuniary pront
aud enlist "a corps Of active seducers to
draw the weak and unwary into the pur.
chase Of tickets" by extensive advertise.
msnts containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
Il 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 all times 70 take the desperate chances
which lotteries afford, and that no In.
jurieus effects upon the morals Of the pto.
ple would result II this game Of chance
was allowed TO proceed.
This question 10 one that must b con.
sidsred ~ settled by the adoption Of the
constitutional provision lex parts Darling.
recently decided.
In the Art Union case. TO which We have
frequently referred, 10 was claimed that
the enterprise was really Of . msritorious
character, and thAtit differed. In this 70.
spect, from the lotteries where the mana.
ayers we're 10 receive the lions share Of
the profits. The Court. In answer 70 this
argument, said:
"If 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 Consultation
or by law. Its misohiefs are certainly not
80 apparent - II Its prizes were to be paid
In money, or - IL would be II framed for
the purpose Of entioing the necessitous and
improvl,ient into its hazards. But this
case cannot bs decided according 70
the views We may entertain Of the probable
good or evil consequent upon the execu.
ton Of the scheme. The Constitution
took away the 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 II were TO be ad.
mittsd that the scheme 10 entirely harm.
less In it, consequences, IL would form no
ground for making IL BY Judicial con.
struction an exception 70 the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect, a. to the nature OF the trans.
action or the character OF persons engaged
In IL. It ID their bounden duty 70 declare
the law.
"The law knows NO person IL 10 not
made for tho individual man. but for men.
Az the dew Of heaven falls. % 10 bears
alike upon the Just and unjust" Sate
W. Pierce. 8 New. 904. -. :.
II smiles and frowns upon oil alike. IL
makes NO distinctions. Submission 70 its
authority 10 incumbent upon al.
Third-It 10 unnecessary 10 discuss any
Of the other points suggested BY resPon'
dsuts' council.
We will not presume. In advance, that
respondents intend 10 violate the law.
From the views already expressed IL 10
apparent that 10 would make no difference
whether respondents base their right TO
act In the premises under the articles OF
incorporation or under tho provisions OF
the Act OF the Legislature. In either event
their Acts would bs 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 sdver-
tise, print, circulate or sell any tickets IN
the scheme or enterprise Of the " Nevada
Benevolent Association" within this State,
or TO do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
Association" approved March Q. 1881
f6tat.. 1881, i66 and that the costs OF
this proceeding bs taxed against them.
HAwLxY, J.
We concur: LEONARD, @. ].
BELxsAP, ].
NOTHING SHORT OF
unmistskabls benefits conferred upon tens Of