Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-22


I.I..........
revenue, they would not have used tn
language they did in the concluding sen
tence, Nor shall tne sale OF lottery nck
eu bs allowed" These words clearl,
show that II was n6t intehded that an,
| lottsry should b suthorised By this Stat'
| for any purpose.
The words :" by this Bhte," - used u
our Constitution: ana sne words I'm thi,
State" "or within tnis SAn. uset
In the Consatuaons o. Nsw xofk' hsv'
virtually the same meening
| "No lottery snsu .; sntnerised y tnil
ststs. nor enail " ssas u sotssfy uexss
b allowed.
This language sPpues 70 AZ toseenes
whsthsr pubic OF pnvae. 40 lotsesie'
conducted ~ tne nAe y tne enoron
by prtvaes inoiviouss ~ psaevosent sae
cnar'tsp'e sss"''Asoas' M " esPSfs
lions.
No lottery o. any ma can % autnor
tsed by the ,Lsgisiasore anoer ne pressn,
Consatnton.
We AGAIN repeas Mnss, y seens % us
must % evioent 70 every unbiased sno In
partial mind, shss sns language o. ~
constitutional provision 70 TOO plain foi
argument. That under u tho Legts!aturt
cannot authoriss any losssry N tnis Stsss ss:
and that the ACT approved March ,, 1851,
We are eonsoieus Of ne last thAs - va
unnecessary 70 ADD anything 70 1ne tSssoe'
Ing Of THIS 0ouft N % 49, oIsoensso,
which 10, Of itsslt, aosoiaseey coneasavs
apon both Of the points we naIs osoesseo'
But IL has bsen attempted, ~ aeeire
upon our part 70 show that no authority
could b found In any Of the adlndioaeso
cases Ia the United States 70 sustain the
position oonssnded Tor By respondents
aud that no argument has besp advanced
by respondsnts. upon either Of thess
points. that has not hsrstofors bssn do.
oidsd adversely 10 them By The Courts Of
other States. whore the constitutional
provisions are Substantially The same -
our own.. :.
II 10 proper 70 add that We have srriveo
q the conclusion stated without consider
Ing the question OF the morality. or I'm.
morality Of this particular scheme. II
makes no difference whether u was ses On
foot purely for the purpose Of raising rev.
snus for the bsnedt Of the "Insane and
Charitable Fund" Of this sssss. or yhstss!
it belonged 70 that class Of lotteries that
are made up Of pocuniary prtsss and min
istsr 10 the love OF gain whose scheme.
address themselves IN the grossess ano
most revolving form direouy 70 tnst sotolo
passion, and 70 no other sentiment; where
the msuagers receive pecuniary pron'
and enlist "a corps Of active seducers 70
draw the weak and unwary Into the pur.
chase Of tiokets" by extensive advertise.
msnts containing brilliant pictures oi the
favorable chances 70 acquire sudden
wealth.
Il may bs admitted for tho purposes Of
this decision, ~ was argued By respon'
dsnts' counsel, that the people OF this Sssts
are essentially . gambling people, ready
ct all times 70 taks the desperate chances
which lotteries afford, and that NO In
furious effects upon the morals Of the peo.
Die would result II this game Of chance
was allowed to proceed.
This question 10 one that must be con.
sidsred q settled BY tho adoption Of the
constitutional provision lex parts Darling.
recently decided
In the Art Union case, 10 which ws have
FREQ ueptly referred, it was claimed that
ths enterprise vss really Of q meritorious
ohsrsoter. and that Il differed, In this 70.
sneot from the lotssriss whore the mana.
,rsrs vere 10 receive the lions share OF
ths pro6s. The Court, In answer 70 this
srsnmsns ,.id:
.H no lotteries had existed excepting
such q 10 contained In the Art Union
scheme. II 10 not probable that they would
have been forbidden BY the Constitution
or BY Law. Its misohiefs are certainly not
90 apparent - II it, prizes were to be paid
in money, or - Il would b II framed for
the purpose Of sntioing the neoessitous and
improvi,isnt Into It, hazards. Bot this
case sosnuot b decided sccording 70
tbs views ws may entertain Of the probable
rood or evil con sso uent upon the sxscu.
tion Of the scheme. The Constitution
took svsy the power Of Determining
whether this or any other lottsry was Of
rood or evil tsndency, and certainly did
NOT Intend 70 confer that power on the
judioisl tribunals. II a we're 70 b I'd.
mitisd thst the scheme 10 entirely harm.
i,.. An A. oonseo usuoes. Il would form no
Sronna Tor mssins Il by iudicisi con.
struc,ion An eyception 70 he general and
.bsoluts oon,titutionsl prohibition"
Conrts cannot make any distinction. In
this respsot. n 70 the uaturs Of the trans.
sction or che charsstsr Of psrsons sngassd
In Il. Il II their boundsn duty 70 declare
the law.
"Ths law knows no person u 10 not
made for Tho individual man, bat for men.
AZ The dsv Of heaven falls, 20 IL bears
-, - ..I...p fot.t.