Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-23

cases In the United States to sustain the
position contended for BY respondents;
and that NO Argument has been advanced
by respondents, upon either OF these
points. that has not heretofore been dc.
cided adversely 10 them by the Courts Of
other States, where the constitutional
provisions are substantially tho same rs
our own.
II Is proper 10 add that We have arrived
al the conclusion stated without consider
ing the question OF the morality. or I'M.
morality Of this particular scheme. IL
makes no difference whether II was set on
foot purely for tho purpose Of raising re..
enue for tho benefit OF the "Insane 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 and
most revolving form directly TO that sordid
passion, and to no other sentiment; where
the managers receive . pecuniary profit
and enlist 20 corps OF active seducers 70
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, ~ was argued BY respon-
dents counsel, that the people Of this State
are essentially . gambling people, ready
at oil 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 10 proceed.
This question 10 ono that must be on.
sidored a. settled by the adoption Of the
constitutional provision lex parto Darling,
recently decided
In tho Art Union case, TO which We have
frequently referred, 10 was claimed that
the enterprise was really Of . msritorious
character, and that II differed, In this 70.
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 IL contained In the Art Union
scheme, IL 10 not probable that they would
have been forbidden by tho Constitution
or by law. Its mischiefs arc certainly not
so apparent a II Its prizes were to DO paid
In money, or a. IL would DO II framed for
the purpose OF enticing the necessitous and
improvident into It's hazards. But this
case cannot be decided according to
tho views wo may entertain Of tho probable
good or evil consequent upon the execu-
ton Of tho scheme. Tho 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 tho
judicial tribunals. II II were TO DO ad.
mitted that the scheme 10 entirely harm.
less In its consequences, IL would form no
ground for making It by judicial con.
%struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person ; II 10 no
made for tho individual man, but for men.
As tho dew Of heaven falls, 20 II bears
alike upon the Just and unjust" Estate
VI. Pierce, 9 New, 304.
II smiles and frowns upon all alike. II
makes no distinctions. Submission TO Its
authority Is incumbent upon all.
Third-It Ii unnecessary TO discuss any
OF tho other points suggested by respon.
deuts' council.
We will not presume. In advance. that
respondents intend to violate the law.
From tho viows already expressed II 10
apparent that II would make no difference
whether respondents base their right to
act In the premises under tho 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 Is 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 90 Nevads
Benevolent Association" within this State.
or to do any OF tho acts specified In tho
statute. ITO aid tho Nevada Benevolent
Association" approved March 0, 1881
Stat, 1881. 1866; and that the costs OF
this proceeding DO taxed against them.
HAwLEY, ].
We concur: LEONARD, O. j.
BELHNAP. j.