Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-27

revenue, they would not have used the
language they did In the concluding sen.
tence, I" Nor shall the sale Of lottery tick
ets be allowed" These words clearly
show that Il was not intended that any
lottsry should be authorised by this State
The words "by this State" - used In
our Consultation. and the words :" In thil
sate," cor within this ststs," - used
In the Constitutions Of New York. have
virtually the same meaning.
"No lottery shall b suthorissd By this
ststs, nor shall the sale Of lottsry tickets
be allowed" 1000.
This language applies 10 al lotteries,
whether public Or private. 10 lotteries
condustsd By the State By the church
BY privats indlvidusls BY benevolent and
charitable associations. and By corpora.
lions.
No lottsry Il any hind can b. author.
issd BY the Lsgislaturs under the present
Copputution. . z
We again repeat what. Il seems 70 us,
must be evident 10 every unbiased and I'm.
partial mind. that ths language OF the
constitutional provision II too plain for
argument. That under Il the Lsgislaturs
cannot authoslss any lottery In this stats,
and that the ACT approved March Q, 1881,
IL null and void.
: We are conscious Of the fact that II wss
unnsossssry 70 add anything 70 che reason.
Ing Of this Court In sz yarts Blanchard.
which 10, Of itself. absolutely conolusivs
upon both Of the points We have discussed.
But Il has bssn attempted. BY . dsairs
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 eontended for BY respondents ;
by respondents, upon either Of thess
points. that has not hsretoiors been dc.
oided adversely 10 them BY the Courts Of
other States. where the constitutional
provisions are Substantially the same -
our own.
Il n proper 10 add that We have arrived
Al tbe eonsiuslou ststed without consider.
irs ths ou,stion Of ths morality. or I'm.
mo mo,slity Of this particular scheme. I.
mstes no di6erencs whether it WAS sst on
foot nrrslv Tor The purpose Of raising res.
snus ann Tor Ike bensat Of The "Inssne and
y Gh.,,,sb,s Fund" Of this STATE. or whether
!, hsionosa 10 that olsss Of lotteries tha,
ara made mn OF pecuniary prizes and min.
istsr 10 the love Of gain whose schemes
address tbsmselyes In the grossest and
most revolving form directly 10 that sordid
nsssion' and "a no other sen ntiment: whore
ths m.n.oer, reoeiye a pecuuIsry prod,
.ra snii.t !" . oorns Of active seducers 10
drsv ths vesk ma uuvary into the pur.
cb.ss NJ tieLsts| % by extensive advertise.
m.nt. contsinino brilliant pictures Of the
t.,or.bIs ob.noes To ACQUIRE sudden
-asI,h
n nav bs admitted for the purposes Of
this deoisiou. A was argued By respon.
dents' counsel, that the people Of this Stats
are essentially q gambling people, ready
Al ali times 10 tsks the desperate chances
vhicb Iotteries Afford. and that NO In.
;nriou. sfrsots upon The morals Of the peo.
nle vould result n this game Of chance
was Allowed 10 proceed.
This question 10 one that must bs CON.
sidered a settled by the adoption Of the
constitutional provision ex parts Darling,
recently decided
In the Art Union case, 70 which We have
frequently referred, IL was claimed that
the enterprise was really OF msritoriou'
character, and that II differed, In this rs'
spect, from the lotteries where tho mana,
ayers were 10 receive the lions share oi
the profits. The COURT, In answer 70 this
argument. said:
"If no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, u 10 not probable that they wopIo
have been forbidden BY the Constitution
or BY law. Ih misohisfs are certainly mol
10 apparent - II its prizes were to bs paid
In money, or - IL would be IL framed Tor
the purpose Of entieing the necessitous and
improvidsnt Into is hazards. Bus Till
case cannot bs decided according 70
the views We may entertain Of the probable
good or evil consequent upon the sxecu'
ton Of the scheme. The Constitution
whether thi. or any other lottery wn 9,
good or evil tendency, and certainly did
not intend TO confer that power on tns
judicial tribunals. II 1t we're 70 DO ID
mittsd that the scheme 10 entirely harm
less In its consequences, IL would form nc
ground for making u BY judicial con
struction an exception 10 the general snt
absolute constitutional prohibition"
Courts cannot make any distinction, II
this rsspeot, a. 70 the naturs Of the trans
action or the character Of persons engaged
| In Il. Il II their boundsn duty 10 declare
the law.
"Ths law knows no person u 10 moi
made for the individual man, but for men
A the dew Of heaven falls, 20 IL bsar'
alike upon the lust and unjust" Stat,
| W. Pierce, 8 New, S0l.l
Il smiles and frowns upon all alike. i
authority T. inoumbsnt upon al;