Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-16

cases In the United States 10 sustain tho
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 TO them by the Courts Of
other States, where tho constitutional
provisions are substantially tho same o.
our own.
II Is proper to add that We have arrived
at the conclusion stated without consider
ing the question Of tho morality, or i'm.
morality Of this particular scheme. 1t
makes no difference whether IL was set on
foot purely for the purpose OF raising rev.
enue for the benefit Of the "lnsane and
Charitable Fund" OF this State, or whether
II belonged 10 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 q
most revolving form directly to that sordid
passion, and 10 no other sentiment; where
the managers receive . pecunisry proht
and enlist 10 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 be admitted for the purposes Of
this decision. as wal argued BY reepon-
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 the PEG.
pie would result II this game Of chance
was allowed to proceed.
This question 10 one that must be con.
sidered Is settled by the adoption OF tho
constitutional provision ex parte Darling,
recently decided
In the Art Union case, TO which We have
frequently referred, 10 was claimed that
tho enterprise was really Of . meritori0us
character, and that IL 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 10 this
argument, said:
"If no lotteries had existed excepting
such as Is contained in tho Art Union
scheme, Il Ia not probable that they would
have been forbidden by tho Constitution
or by law. It's mischiefs are certainly not
30 apparent % II Its prizes were to be paid
III hlohSyl VI No U WOaAo w - ~
tho purpose OF enticing the necessitous and
improvident into Its hazards. But this
case cannot be decided according to
tho views We may entertain Of the probable
good or evil consequent upon the execu.
ton Of tho scheme. The 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 the
Judicial tribunals. II 1t wsro to DO ad.
mitted that the scheme Is entirely harm.
less In Its consequences, IL would form no
ground for making 1t by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person ! IL 10 no
made for tho individual man, but for men.
As the dow OF heaven falls. 30 II bears
alike upon tho Just and unjust" Estate
ys. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission TO Its
authority Is incumbent upon all.
Third-It Is unnecessary TO discuss any
Of tho other points suggested by respon.
| dents council.
We will not presume. In advance, that
respondents intend to violate the law.
From tho views already expressed IL 10
apparent that IL would make no difference
whether respondents base their right to
act in tho premises under the articles Of
incorporation or under the provisions OF
the Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
Tho Judgment Of this Court Is that the
respondents have no right. liberty, or
franchise, by virtue Of any law, to sdver.
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of tho Nevada
Benevolent Association" within this State.
or to do any Of the acts specified In the
statute. "to aid tho Nevada Benevolent
Association" approved March 0. 1881
Stat. 1881. 1901 and that tho costs Of
this proceeding be taxed against them.
HAwLEY, ].
We concur: LEONARD, O.. ].
BILHNAP, j..