Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-11
SUPREME COURT DECISION.

We publish below the decision OF eur
Supreme Court in the matter OF er part
Blanchard (s lottery case). delivered In
the January term Of 1874. Opinion was
delivered by Judge Bslknap:
The "Nevada Benevolent Association"
was authorized by an Act OF the Legisla.
ture, approved March 8, 1871. to give mol
exceeding three public entertainments OF
Gift concerts, and to sell tickets OF admis-
siou to the same emitting the holder to
participate In distribution Of awards "by
rattle or other scheme Of like character"
The petitioner 10 the managing agent Of
the ss,ociatien. He has been arrested
aud 10 In custody for selling lottery tickets
contrary tn the provisions OF the statute,
Approved March I, 1873, entitled "An act
IN prohibit lotteries" The tickets sold
we're those Of the "Nevada Benevolent As
sociation." ,,
II il clear that the Act Of March 8, 1871,
sanctions 4 lottery. The character OF the
scheme Is In no wise changed BY the char
liable purpose expressed In its title, nor
by calling the drawings "entertsinmenl,
or cift concerts" The f1fth section OF the
Act declares that "nothing In this Act
contained shall be construed - authorize
ing a lottery In this State, or - allowing
the sale Of lottery tickets contrary to the
proyisions 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.
In. The construction 10 be placed upon
this Act must be determined BY the Court
alone. The attempted exercise OF this
power BY the Legislature Was an assump.
lion 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'
snces. 4Bl. Com. l68. This statute 70.
mained in force In England at the time oi
the declaration Of American Independence,
sad being applicable to our situsaon;
constitutes . part of the common law "
the United States. From the language
employed In the Constitution. u IL evident
that this WAS the understanding OF its
trainers. In the restriction upon the
power Of the Legislature. IL Is not said
that lotteries shall be prohibited. but that
emo lottery shall be authorized BY this
State" This constitutional clause con.
adhered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. Bsf this authority eds rithhsid, and
the Act Of March 8. 1871. being In direct
violation Of tho prohibition. 70 uneo@'tif"-
tional. Since. then. this lottery is unau'
,horized 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, - by the terms
Of its tenth section II Is declared 1t shall,
.from and after the Hrst day Of January,
one thousand eight hundred and seventy.
four" and is 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.