Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-19

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
poipts, that has not heretofore been do.
cided adversely TO them by the Courts Of
other States, where tho constitutional
provisions are substantially the samo as
our own.
Il is proper 10 add that We have arrived
At the conclusion stated without consider
Ing the question Of tho morality. or Inn
morality OF this particular scheme. 1t
makes no difference whether IL was set on
foot purely for tho purpose Of raising rev.
enuo for the benefit OF tho "lnsane and
Charitable Fund.- Of this State. or whether
Il belonged 10 that class Of lotteries that
are made up OF pecuniary prizes and min.
lister to the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly TO that sordid
passion, and to no other sentiment; where
tho managers receive . pecuniary profit
and enlist +" 0 corps OF active seducers to
draw the weak and unwary into the pur.
chase Of tickets" by extensive advertise
ments containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
It may DO admitted for the purposes Of
this decision, as was argued BY respon.'
dents counsel, thatthe people Of this State
are essentially Q gambling people, ready
at all times to take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the PEG.
pie would result II this gamo Of chance
was allowed to proceed.
This question 10 one that must be con.
sidered Is settled by the adoption Of the
constitutional provision ex parte Darling,
recently decided.
In the Art Union case, to which we have
frequently referred, IL was claimed that
the enterprise was really Of 0 meritorious
character, and that IL differed, In this re.
spect, from the lotteries where the mana.
ayers were to receive tho lions share Of
the profits. Tho Court, In answer TO this
argument, said:
"If no lotteries had existed excepting
such as Is contained In the Art Union
scheme, Il Is not probable that they would
have been forbidden by the Constitution
or by law. It's mischisfs are certainly not
30 apparent as II Its prizes were to DO paid
In money, or as 10 would be II framed for
the purpose Of enticing tho necessitous and
improvidont into its hazards. But this
case cannot DO decided according TO
the views We may entertain OF the probable
good or evil consequent upon the execu-
ton Of the scheme. The Constitution
took away tho power OF determining
whether this or any other lottery was OF
good or evil tendency, and certainly did
not iosand En- nnofar that r0war nm tim
judicial tribunals. II II were TO DO ad.
mitted that tho scheme Is entirely harm
less In It's consequences, IL would form no
ground for making 1t by judicial con.
%struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person I; 1t is no
made for tho individual man, but for men.
As tho dew OF heaven falls, 80 II bears
alike upon the just and unjust" tStato
vs.. Pierce, . New, 30i.
II smiles and frowns upon oil alike. It
makes NJ distinctions. Submission to Its
authority IL incumbent upon all.
Third-It 10 unnecessary to discuss any
Of tho other points suggested by respon.
donts' council.
We will not presume, In advance. that
respondents intend to violate tho law.
From the views already expressed IL 10
apparent that 1t would make no difference
whether respondents base their right to
act In tho premises under tho articles Of
incorporation or under tho provisions OF
tho Act OF the Legislature. In either event
their Acts would DO without warrant Of
law.
The judgment Of this Court Is that the
respondents have no right. liberty, or
franchise, by virtue Of any law, to adver.
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of tho Nevada
Benevolent Association" within this State,
or to do any Of the acts specified in tho
statute. ITO aid the Nevada Benevolent
Association" approved March o. 1881
Stat, 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
Wo concur: LEONARD, O. ].
LKN j.