Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-05

revenue, tney Wouiu uot uuVo uteu tus
language they did In the concluding sen.
tence. !" Nor shall The sale Of lottery tick
sts be allowed" These words clearly
shov that Il wss not intended that any
lottery should b authorized BY this Htats
The words "by this State" ~ used 10
our Coustit utiou. and the words "in shia
State." cor within this State" @ used
In The Consultations Of New York. have
virtually the same meaning.
"No lottery shall b authorized By this
State, nor shall The sale Of lottery tickets
be allowed"
This language applies 10 al lotteries.
whether public OF private. To lotteries
conducted By the State By the church
by privass individuals BY benevolent and
charitable associations. and By oorpors.
tious.
No lottery Of any kind can be author.
ised BY tho Lsgislssurs under the present
Copsttution. . . . . =
We again repeat what, II seems 70 us,
mnst be evident 70 every unbiased and I'm.
partial mind. that the language Of the
constitutionsl provision Il too plain for
argument. That under Il the Legislature
cannot authoriss ahy lottery in this State.
and that the ACT approved March ., 1881,
10 null aud void,
70 are oop.ci:ss OF the fact that II wss
unnecessary to add anything 10 the reason.
Ing OF this Court In &C yasts Blanchard.
which 10. OF itself. absolutely conclusive
upon both Of the points We have discussed.
Bot IL has been attempted. by . deaire
...o.. -. ,,..t ta .hn- that M authnritv
could DO found In any Of the adJudicated
cases In the United States to sustain the
position oontended for BY respondents
aud that no argument has been advanced
by respondents, upon either OF these
points, that has not heretofore been do.
cided adversely 70 them BY the Courts Of
other States, where the constitutional
provisions aro substantially the same ~
our own.
It il proper 10 add that We have arrived
at the conclusion stated without consider.
ing the question Of the morality. or I'm.
morality Of this particular scheme. II
makes no difference whether IL was set on
foot purely for tho purpose OF raising rev.
enue for the benefit OF the "lnssne and
Charitable Fund" OF this State, or whether
IL belonged 70 that class OF lotteries that
are made up Of pecunisry prizes and min.
lister to the love Of gain whose schemes
address themselves In tho grossest and
most revolving form directly 70 that sordid
passion, and TO no other sentiment ; where
the managers receive = pecuniary proat
aud enlist 81 corps OF active seducers TO
draw the weak and unwsry into the pur.
chase Of ticken" by extensive advertise
msnh containing brilliant pictures Of the
favorable chsnoss 70 acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision. - was argued By respon.
dsnts' counsel. that the people Of this State
arc essentially . 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 peo.
pie would result II this game Of chance
was allowed 10 proceed.
This question 10 one that must be con.
sidsred - settled by the adoption Of the
constitutional provision lex psrts Darling.
recently decided.
In the Art Union case, TO which ws have
frequently referred, 10 was claimed that
the enterprise was really Of . msritorious
character, and that IL differed. In this 70.
speot. from the lotteries where the mana.
ayers were 70 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 Constitution
or BY Law. Iu misohisfs are certainly not
20 apparent ~ II Its prizes were to be paid
In money. or - IL would bs II framed for
the purpose Of enticing the necessitous and
improvi ient into Its hazards. But this
case cannot be decided according 70
the views We may entertain Of the probable
good or evil consequent upon the execu-
tion 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 we're TO be I'D.
mitted that the scheme II entirely harm.
less In its consequences, 10 would form no
ground for making 10 by judicial con.
struction an exception TO the general and
absolute constitutional prohibition"
Courts cannot make any distinction. In
this respect, ~ 70 the nature Of the trans
action or the character Of persons engaged
In 1t. 1t 10 their boundsn duty TO declare
the Law.
"Ths law knows no person II 10 not
made for tho individual man. bus for men.
A. the dew OF heaven falls, 20 IL bears
alike upon the just and unjust" Stats
W. Pierce, 8 New, 9O4.
Il smiles aud frowns upon oil alike. II
makes no distinctions. Submission 10 Its
authority IL Incumbent upon al.
Third-It 10 unnecessary TO discuss any
Of the other points suggested BY r.spon.
dens' council.
We will not presume, In advance, that
respondents intend ~ violate the law.
From the visws already expressed IL 10
apparent that IL would make no differences
whether respondents base their right 70
act iu the premises under the articles Of
incorporation or under the provisions oi
tue Act OF the Legislature. In either event
their Acts would be without warrant Of
Law.
The Judgment Of this Court 10 that the
respondents have no right. liberty, or
franchise. by virtue Of any law, to sdver.
tiss, print, circulate or sell any tickets IN
the scheme or enterprise Of the Nevada
Benevolent Association" within this State,
or 70 do any Of the acts specified in the
statute, "io aid the Nevada Benevolent
soc,stion." approved March o. 1881
IStat.. 1881. 1851; and that the costs Of
this proceeding be taxed against them.
HAwLEY. ].
Wa concur: LEONARD, O. ].
BKLxSAP. J.
THE SUN FOR 1881.