Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-18
SUPREME COURT OEclsloN.
W. publish below the dsdlsion OF sr

We publish below the dscision OF eur
Supreme Court In the matter Of er parts
Blanchard "a lottery easel. delivered In
the January term Of 1874. Opinion was
delivered by Judge Belkuap:
The Nevada Benevolent Association"
was authorized BY an Act Of the Legisla-
ture, approved March 5, 1871, 70 give NOT
exceeding three public entertainments<o or
gift concerts. and 70 sell tickets Of admis-
sion 10 the same emitting the holder TO
participate In distribution OF awards "by
raifie or other scheme Of like character" "
The petitioner 10 tho managing agent Of
the sssocistion. He hAs been arrested
and is in custody for selling lottery tickets,
contrary to the provisions Of the statute,
approved March 4, 1873, entitled IAN act
10 prohibit lotteries" The tickets sold
we're those Of the '.Nevada Benevolent A.
ISOLATION"
II il clear that the Act Of March 5. 1871,
sapctiops lottery. The character Of the
scheme 10 In NO wise changed BY the char
table purpose expressed In tts title, nor
by calling the drawings entertainments
or eift concerts" Tho ffth section OF the
Act declares that "nothing In this Act
CONTINUED shall be construed - authorize
inr 4 lottery 10 thii State. or - allowing
the sale Of lottery tickets contrary 70 the
provisions Of the Consultation"
The State government IL divided oy the
organic Law into executive. legislative and
judicial departments. and no person
charged with the exercise Of powers prop
erly belonging to one Of these departments
shsll exercise any functions appertaining
10 either OF the others except in cases ex.
pressly directed or permitted. Const. Art.
fII. The construction TO be placed upon
this Act must be determined By the Court
alone. The attempted exercise OF this
power by the Legislature Was an assump..
ton Of the functions Of the judiciary, and
must be disregarded. ~
By statute 10 and II, W. III. Q. II. all
lotteries are declared TO be public nuis'
ances. 4Bl. Com. l68. This statute 70.
mained in force In England at the time Of
the declaration Of American Independence,
and being applicable to our situation.
constitutes q part Of the common law of
the United States. From the language
employed In the Constitution. u 10 evident
that this was the understanding OF its
Trainers. IN tno tcsuicaon oPSa
power OF the Legislature. IL 10 not said
that lotteries shall be prohibited. but that
emo lottery shall be authorized BY this
State" This constitutional clause con.
sidered in the light Of tho common law
Implies that lotteries could bs lawfully
created by authority Of the Legislature
only. Bat THE authority ras ,eiihhsid. and
the Act Of March 8. 1871. being In direct
violation Of the prohibition. 70 uneon'tiiu-
tionai. Since, then. this lottery is unau'
thorized BY common law or valid statute,
il follows that the objection urged that the
Act Of 1873 iulpairs the obligation of con-
tracts 10 without force.
We are Of opinion thas the act to pro-
hibit lotteries took effect. a. by the terms
Of its tenth section II 10 declared u shall.
..from and after the frst day Of January
one thousand eight hundred and seventy,
four" and 10 applicable to tickets sold
under the act Of the Legislature Of March
8, 1871, entitled IAN act to aid the Nevada
Benevolent Association In providing means
TO erect an insane asylum."
The petitioner 10 remanded to the GUS
tody whence he came.