Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-28

cases In the United States 10 sustain the
position commanded for by respondents;
and that ne argument has been advanced
by respondents, upon either OF these
points, that has not heretofore been do.
cided adversely TO thorn by the Courts Of
other States, where the constitutional
provisions arc substantially the same Is
our own.
Il Is proper TO add that We have arrived
at the conclusion stated without consider
ing tho question Of tho morality. or i'm
morality Of this particular scheme. It
makes no difference whether II was set on
foot purely for the purpose Of raising rev.
enue for the benefit OF the "Insane and
Charitable Fund" Of this State. or whether
IL belonged to that class OF lotteries that
are made up Of pecuniary prizes and min.
lister to the love Of gain whose schemes
address themselves In the grossest and
most revolving form directly to that sordid
passion, and 10 no other sentiment whore
the managers receive . pecuniary profit
and enlist go corps Of active seducers to
draw the weak and unwary into the pur.
chase Of tickets" by extensive advertise
ments containing. brilliant pictures Of the
favorable chances to acquire sudden
wealth.
It may DO admitted for tho purposes Of
this decision, ~ was argued by respon.
dents' counsel, that the people OF this State
are 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 tho PEG.
pie would result II this game Of chance
was allowed TO proceed.
This question 10 q that must DO con.
sidered Is settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided
In tho Art Union case, TO which NO have
frequently referred, IL wss claimed that
the enterprise was really Of . meritorious
character, and that II differed, In this re-
spect, from the lotteries where the mana.
ayers were to receive the lions share Of
the profits. The Court, In answer to this
argument, said:
"If no lotteries had existed excepting
such as is contained In the Art Union
scheme, Il IL not probable that they would
have been forbidden by the Constitution
or by law. It's misohiefs are certainly not
10 apparent a. II Its prizes were to DO paid
In money, or - IL would DO II framed for
the purpose Of enticing the necessitous and
improvident into Its hazards. But this
case cannot be decided according to
the views we may entertain OF tho probable
good or evil consequent upon the execu.
ton Of tho scheme. The Constitution
took away tho power Of determining
whether this or any other lottery was Of
good or evil tendency, and certainly did
not intend 10 confer that power on the
judicial tribunals. II II were to DO adj
mitted that the scheme is entirely harm.
less In it, consequences, 10 would form no
ground for making II BY judicial con;
struction IN exception to the general and
absolute constitutional prohibition"
1.-THE law knows no person ; IL 10 no
mado for tho individual man, but for men.
As tho dow OF heaven falls, 20 II bears
alike upon the just and unjust" Estate
vs.. Pierce, 8 New, 30i.
II smiles and frowns upon oil alike. II
makes no distinctions. Submission 10 its
authority Is incumbent upon all.
Third-It IL unnecessary 10 discuss any
Of the other points suggested by respon.
donts' council.
We will not presume. In advance, that
respondents. intend to violate the law.
From the viows already expressed IL 10
apparent that IL would make no difference
whether respondents base their right to
act In the premises under the articles Of
incorporation or under tho provisions Of
the Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
Tho Judgment OF this Court 10 that the
respondents have no right. liberty. or
franchise, by virtue Of any law, to adver.
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of the "Nevada
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute. ITO aid the Nevada Benevolent
Association" approved March 9, 1881
Stat. 1881. 1851; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur: LEONARD, O. ].
BELKSAP, ].