Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-14
SUPREME COURT DECISION.
Wa nublish below the decision Of Q,

We publish below the decision OF cur
Supreme Court in the matter OF er parte
Blanchard (a lottery case). delivered in
the January term Of 1874. Opinion was
delivered BY Judge Bslknap:
The Nevada Benevolent Association"
vas authorized By an Act Of the Legisla-
ture, approved March 8. 1871. to give not
exceeding three public sntertainmsnts or
Gift concerts. and TO sell tickets OF admis'
sion 70 the Same emitting the holder 70
participate In distribution OF awards "by
rafiie or other scheme Of like character"
The petitioner 10 the managing agent OF
the association. He has been arrested
and is In custody for selling lottery tickets,
contrary TO the provisions Of the statute,
approved March Z. 1873, entitled "An act
10 prohibit lotteries" The tickets sold
were those Of the "Nsvada Benevolent AZ
II Il clear that the Act Of March 8. 1871.
sspctions \ lottery, The character OF the
scheme is In no wise changed BY the char
table purpose expressed In its title. nor
by calling the drawings entertainments
or gift concerts" The hfth section OF the
Act declares that "nothing In this Act
contained shall Be- construed ~ authoriz.
ing lottery In this State, or - allowing
the sale OF lottery tickets contrary TO the
provisions Of the Constitution"
The State government 10 divided BY 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
shs,l exercise any functions appertaining
10 either OF the others except In cases ex'
pressly directed or permitted. Const. Art.
I'm. The construction to DO 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. Ill. Q. IL. All
lotteries are declared 70 be public nuis'
ances. 4 Bl. Com. l6S. This statute 70.
mainsd in force In England at the time of
the declaration Of American independence
and being applicable to our situation:
constitutes . part Of the common law OF
the United States. From the language
EMPLOYED in tho Constitution. II 10 evident
that this was the understanding OF its
trainers. In the restriction upon the
power Of the Legislature, IL II 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 the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. Bat THE authority cas nithheid. and
the Act Of March 8, 1871. being in direct
violation Of the prohibition, Is uneonsfi'n'
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 impairs the obligation Of con.
tracts 10 without force.
We are Of opinion that the act to pro-
hibit lotteries took effect, a. BY the terms
Of i,s tenth section 1t Is declared 1t shall
"from and after the frst day of January
ono thousand eight hundred and seventy.
four" and Is applicable to tickets sold
under the act Of The Legislature OF March
8. 1871, entitled "An act TO aid the Nevada
Benevolent i Association In providing means
to erect an insane asylum"
The petitioner is remanded TO the Gus
todv WHENCE he came.