Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-16

NEVADA: IHURSD4
revenue, they would net have used th,
LANGUAGE they aid IN the concluding ssn
tenoe. :" Nor shall The sale Of lottsry tick
"A Be- allowed" These words clearly
shov that u VS. mot intsudsd that AMI
lottery should b sutherissd By this 6tas'
for any purpoee.
The words !" b. this Hhts," - ussd II
our Constitution, snd the words "in thll
stats," "or within this etats, /" - usst
IN The ConstsuHoas Of New York. havs
virtually the sane meaning.
emo Iottsry sAdl b Authorised hy thiI
9tats. NOR shall ~ Bals Of lottery tiokstl
Be allowsd."
This ianguags applies V oil lotteries
vhsther publio - pSivste. To lottsrisl
conducted by ~ otsts !; b. the church
by privsts indivi1usls /; By bsasvolsnt and
charitable aasosisaons, and b. oorpors
lions. O.
ised by the tsgislstufs updsr The present
oon,atution.
We again rspsst what. II seems 70 a.
must b evident - every unbiased and In
partial mind. thas ths language Of thu
constitutional reeyisioa 70 too plain fei
srgumsuk Thas under u the Legislaturs
osnnot suthoriss any lottsry In this State,
and hat shs Act approved March .. 1881,
a null. and void.
! We n consoi ! ,of ths fact that q N,
unnsssssafy % add anything 70 yhs rsason'
Ing Of this court In - ports Blsuohard.
which Il. Of itsslf. absolutely oonolusivs
upon both Of the points ~ have discussed.
Bat Il has been sttsmptsd. BY dealre
upon our part. 70 show that no authority
could 10 found In any Of the adjudicated
Gases In the United States 10 sustain The
position oontsnded for By respondents
and that no argument has been advanced
BY respoudsnts, upon either OF thess
points. tLat has not hsrstofore bsen do.
cided adversely 70 thsm By the Courts Of
other States. where ths constitutional
provisions are substantially the same ~
our own.
Il IL proper to add that vs have arrived
st the conclusion stated without oonsidsr'
inR the question Of tho morality, or i'm.
morality Of this particular scheme. II
makes no difference whether u wss sst on
foot purely for the purpose Of raising res.
epus for the benefit Of the "Insane and
Charitable Fund" Of this State, or whether
II belonged 10 that class Of lotteries that
are made up Of peouniary prizes and min.
later 10 the love Of gain whose schemes
address themselves In the grosssst and
most revolving form directly 10 that sordid
passion, and 10 no other sentiment where
tho managers receive . pecunisry prohi
and enlist - corps Of active seducers 10
draw the weak and unwary into the pur'
chase Of tiokets" By extensive advertise
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may be admitted for the purposes Of
this decision. - was argued By respon.
den.s' counsel, that the people Of this Stats
are essentially Q 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.
pie would result II this game Of chance
was allowed 70 proceed.
This question 10 one that must b con.
sidsred a. settled BY the adoption Of the
constitutional provision OK parts Darling,
recently decided.
In the Art Union case, 10 which we have
frequently referred, IL was claimed that
the enterprise was really Of meritorious
character. and that II differed, In this rs'
spect, from the lotteries where the mana.
ayers we're 10 receive the lions share Of
the profits. The Court, In answer 70 this
argument, said;
"If no lotteries had existed excepting
such q II ooutsinvd In ths Art uninn
scheme, II 10 not probable that they would
have BEEN forbidden By the Constitution
or BY Law. IT. misohiefs are certainly not
90 apparent - II its prizes were to b paid
In money. or - Il would b II framed for
the purpose Of entioihg the necessitous and
improviLsnt Into It, hazards. But this
case cannot bs decided socording 70
the views ws may entertain Of the probable
good or evil consequent upon the sxscu.
tion Of the scheme. The Constitution
took away the power Of determining
whssher this or any other lottery was Of
good or evil tendency. and certainly did
not intend 70 confer that power on the
Judicial tribunals. II Il we're 70 be I'd.
mitted that the scheme 10 sntirely harm.
less In its consequences, 10 would form no
ground for making 10 By Judicial con.
struction an exception 70 the general and
absolute constitutional prohibition"
Courts cannot make any distinction, In
this respect. a 10 the nature OF the trans.
action or the character Of persons engaged
In IL. II 10 their boundsn duty 70 declare
the Law.
"The law knows no person; u 70 moi
made for the individual man, but for men
Az the dew Of heaven falls, 20 u bsari
alike upon the Just and unjust" tststs
W. Pierce, Q New, S04.
Il smiles and frowns upon al alike. II
makes no distinctions. Submission 70 IL
authority 10 incumbent upon sll.
Third-It 10 unnecessary 10 discuss any
Of the other points suggested By respon'
dens' council. =:
We will not presume, In advance. thai
respondents intend 10 violate the law.
From the views already expressed u II
apparent that Il would make no didsrencs
whether respondents base their right u
act In the premises under the articles ol
incorporation or under the provisions oi
the Act Of the Legislature. In either svenl
tneir Aou Wouio W Wiaaoes "sAs ~
Law.
The Judgment Of this Court Z that th'
respondents have no right. liberty, Of
franchise. BY virtue Of any. law, 70 sdver
tise, print, ciroulats or sell any ticksts 10
the scheme or enterprise Of the Nsvsdi
Benevolent Association" within this Stats
or 70 do any Of the acts specified In the
statute. go aid the Nevada Bsnsvolsn
Association" approved March 9, 1881
fstat., 1881, 1851; and that the costs o.
this proceeding b taxed agsinst them.
HAwLxY, J.
We concur: LIoxABp, o. ].
BELxxAP. J.
THE SUN FOR 1881.
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