Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-04-23

SUPREME COURT DECISION.
We publish below the decision Of ou'

We publish below the decision OF cur
Supreme Court In the matter Of sr pars1
Blanchard (a lottery case). delivered In
the January term Of 1874. Opinion was
delivered BY Judge Belkuap:
Tho F. Nevada Benevolent Association"
was authorised BY an Act Of the Legtsls.
ture. approved March 8, 1871, to. give not
exceeding three public entertainments or
Gift concerts. and 10 sell tickets Of admis.
sion 10 the same emitting the holder 70
participate In distribution OF swards "oy
raifis or other scheme Of like character.
The petitioner ID the managing agent OF
the association. He has been arrested
and IL In custody for selling lottery tickets
contrary to the provisions OF the statute,
approved March Z, 1873, entitled IAN act
10 prohibit lotteries" The tickets sold
we're those Of the "Nsvads Benevolent A.
II h clear that the Act Of March s, 1871,
aanctiops lottery, The character OF the
scheme ID In no wise changed by the char.
table purpose expressed In its title, nor
by calling the drawings entertainments
or Gift concerts." The ffth section OF the
Act declares that "nothing In this Act
con tanned shall be construed ~ authorix'
ing . lottery In this State, or ~ allowing
the sale Of lottery tickets contrary to the
provisions Of the Constitution"
The State government 10 divided BY the
organic law into executive, legislative and
judicial departments, and no person
charged with the exercise Of powers prop.
erly belonging TO one Of these departments
shsIl exercise any functions appertaining
to either Of the others except IN cases ex'
nressly directed or permitted. Const. Art.
III. The construction to be placed upon
this Act must be determined BY the court
alone. The attempted exercise OF this
power BY the Legislature was an assump,
ton Of the functions OF tho Judiciary ana
must be disregarded. .,
By statute 10 and II, W. III, Q. IL. all
lotteries are declared TO be public nuis'
snces. 4Bl. Com. 16S. This statute 70.
msined In force In England at the time OF
the declaration Of American Independence
and being applicable to our situation.
constitutes q part Of the common law OF
the United States. From the language
employed In the Constitution, u 10 evident
that this was tho understanding OF its
trainers. In the restriction upon the
power Of the Legislature, 10 10 mot said
that lotteries shall be prohibited, but that
"no lottery shall be authorized BY this
State" This constitutional clause con.
sidered In the light Of the common law
Implies that lotteries could bs lawfully
created by authority OF the Legislature
only. Bat tAis authority eas riihhsid. and
the Act Of March 8, 1871. being In direct
violation Of the prohibition. is uneo'sti'a.
tionai. Since, then, this lottery 10 unau-
,horized by common law or valid statute
II follows that the objection urged that the
Act Of 1873 impairs the obligation Of con-
tracts 10 without force.
We are Of opinion that the act 70 pro.
hibit lotteries took effect, a. BY the terms
Of its tenth section 1t 10 declared 10 shall,
.from and after the frst day Of January,
one thousand eight hundred and seventy.
four" and is applicable to tickets sold
under the act Of the Legislature OF March
8, 1871, entitled IAN act to aid the Nevada
evolent Association In providing means
10 erect an insane asylum"
The petitioner 10 remanded TO the GUS
tody whence he came.