Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-03

ing Of this Court In er parts Blanchard.
which IL, Of itself. absolutely conclusive
upon both Of the points We have discussed.
But 10 has been attempted, by . deaire
upon our part, 70 show that no authority
could be found In any Of the adjudicated
cases In the United States TO sustain the
position commended for BY respondents ;
and that NO argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been do.
cided adversely 10 them by the Courts Of
othsr States, where the constitutional
proyisions are substantially the same -
our own.
II is proper to add that We have arrived
N Inc conclusion stated without consider
ing the question Of tho morality, or I'm.
morality Of this particular scheme. II
makes no difference whether u was set on
foot purely for the purpose Of raising rev.
cnuo for the benefit OF the "lnssne n
Charitable Fund" Of this State, or whether
Il belonged 70 that class Of lotteries that
are made up Of ~peounisry prizes and min
lister 10 the love Of gain ; whose schemes
address themselves In the grosssst and
most revolving form directly 10 that sordid
passion, and 70 no other sentiment; where
the managers receive Q p~ecunisry pro6t
and enlist 20 corps OF active seduoers 70
draw the weak and unwsry into the pur.
chase Of tickets" by extensive advertise
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may be admitted for the purposes Of
sbis deoiaion. A Was argued by respou.
dents' counsel, thatthe people Of tnis stae
are essentially Q gambling people, ready
ct all times 10 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 TO proceed.
This question 10 one that must be con.
sidsred q settled by the adoption OF the
constitutional provision ex parte Darling.
recently decided.
In the Art Union case, TO which We have
frequently referred. IL was claimed thst
the enterprise was really Of . meritorious
character, and that IL differed, 10 this 70.
spect, from the lotteries where the mana.
scers we're 10 receive the lions share OF
the profits. The Court, In answer TO this
Argument, said:
"If no lotteries had existed excepting
such ~ IL contained In the Art Union
scheme, IL 10 not probable that they would
have been forbidden BY the Constitution
or by law. Ih mischiefs are certainly not
90 apparent - II its prizes were to DO paid
In money, or - IL would DO II framed for
the purpose OF enticing the necessitous and
'improvlLent into is hazards. But this
case cannot DO decided according TO
the viows VIC may entertain OF the probable
good or evil consequent upon the execu.
ton OF the scheme. The Constitution
took away. the power OF determining
whether this or any other lottery. Wa OF
good or evil tendency, and certainly did
not intend 70 confer that power on the
Judicial tribunals. II II were 70 y sd-
United that the scheme 10 entirely harm.
less In Its consequences, It would form no
ground Tor making u by judicial con.
struction an exception 70 the general ana
absolute constitutional prohibition.'
1.-THE Jaw o no person IL 10 not
made Tor tho individual man, but ior men.
a. the dew OF heaven islls, 30 ~ Seais
Alike upon the JUST and unjust lStae
VI. Pierce, . New, 3oa.I
IL smiles ana iroWns upon All nike ~