Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-14

Gases In the United States 10 sustain the
uosition commended for by respondents ;
and that no argument has been advanced
bv respondents, upon either OF these
noints. that has not heretofore been dc.
cidod adversely TO them BY the Courts Of
other States, whero the constitutional
nroyisions are substantially tho same Is
our own.
Il is proper to add that We have arrived
at the conclusion stated witnout CONSIDER
ing the question Of tho morality, or I'm.
morality Of this particular scheme. ~
makes no difference whether II WA set on
foot purely for the purpose OF raising rev,
enue for tho benefit Of the "lnsane and
Charitable Fund" Of this State, or whether
Il belonged 10 that class Of lotteries that
are made up Of pecuniary prizcS and min
lister 10 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 proht
and enlist " Q corps OF active seducers 70
draw the weak and unwary into the pur'
chase Of tickets" by extensive advertise.
ments containing brilliant pictures Of tho
favorable chances to acquire sudden
wealth.
It may be admitted for tho purposes Of
this decision, - was argued by respon-
dents' counsel, that the people Of this State
are essentially 0 gambling people, ready
Of all times to take the desperate chances
which lotteries afford, and that no In.
furious effects upon tho morals OF tho peo.
pie would result II this game Of chance
was allowed 10 proceed.
This question 10 n that must DO con.
sidered - settled by tho adoption Of the
constitutional provision lex parte Darling.
recently decided
In tho Art Union case, to which wo have
frequently referred, IL was claimed that
the enterprise was really Of Q meritorious
character, and that II differed, In this re-
spect, from the lotteries where the mana.
ayers were 10 receive the lions share OF
the profits. The Court, In answer 10 this
argument, said:
"If no lotteries had existed excepting
such as IL contained In the Art Union
scheme, u IL not probable that they would
have been forbidden by tho Constitution
or by law. It's mischiefs ara certainly not
80 apparent q II Its prizes were to be paid
In money, or % II would DO II framed for
the purpose Of enticing the necessitous and
~improvident into Its hazards. But this
case cannot DO decided according 10
tho views NO may entertain Of the probable
good or evil consequent upon the execu-
ton OF tho scheme. Tho Constitution
took away the power Of determining
whether this or any other lottery was OF
good or evil tendency. and certainly did
not intend to confer that power on tho
judicial tribunals. II IL were TO DO ad.
mitted that the scheme Is entirely harm.
less In Its consequences, II would form no
ground for making IL by judicial con.
struction an exception TO tho general and
absolute constitutional prohibition"
"The law knows no person ; II 10 no
made for tho individual man, but for men.
As the dew OF heaven falls, 80 IL bears
alike upon tho just and unjust" Estate
vs.. Pierce, 8 New, 304.
II smiles and frowns upon all alike. II
makes no distinctions. Submission to ita
authority Is incumbent upon all.
Third-It Is unnecessary to discuss any
OF the other points suggested by respon'
dents council.
We will not presume. In advance, tina,
EcbpOuuchtn iubShu w Nioioto thO Jaws
From tho views already expressed IL II
apparent that IL would make no differenc,
whether respondents base their right 4
act In the premises under the articles o
incorporation or under the provisions o
the Act Of tho Legislature. In either even
their Acts would DO without warrant o
law.
The judgment Of this Court Is that tn
respondents have no right. liberty. o.
franchise, by virtue Of any law, to adver
tise, print, circulate or sell any tickets IL
tho scheme or enterprise Of the Nevadl
Benevolent Association" within this State
or TO do any Of the acts specified In th,
statute. "to aid tho Nevada Benevolent
Association" approved March 0. 1881
Stat, 1881. 1861; pnd that the costs o.
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEoSARD, O. j.
| j.