Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-05
SUPREME COURT DECISION.

We publish below the decision OF our
Supreme Court in the matter OF er parts
Blanchard 70 lottery case), delivered in
the January term Of 1874. Opinion was
delivered BY Judge Belknap:
Tho "Nevada Benevolent Association"
was authorized by an Act Of the Legisla.
ture, approved March 8, 1871, to give not
exceeding three public entertainments or
Gift concerts, and TO sell tickets OF admis'
sion TO the same emitting the holder 70
participate In distribution OF awards "oy
raffie or other scheme Of like character. .
The petitioner 10 tho managing agent OF
the association. He has been arrested
aud is In custody for selling lottery tickets
contrary TO the provisions Of the statute,
approved March Z. 1873, entitled IAN act
to prohibit lotteries" The tickets sold
were those Of the "Nevada Benevolent As
ISOLATION"
II Is clear that the Act Of March s. 1871,
s,pctions lottery. The character OF the
scheme 10 In no wise changed by the char
liable purpose expressed In its title. nor
by calling the drawings entertainments
or Gift concerts" The 9th section OF tho
Act declares that "nothing 10 this Act
contained shall be construed % authorize
ing lottery In this State, or as allowing
tho sale Of lottery tickets contrary to tho
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
shall exercise any functions appertaining
to either Of the others except In cases ex'
pressly 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..
iion Of the functions Of the judiciary, and
must be disregarded. -,
By statute 10 and II. W. III. o. II. all
lotteries are declared TO be public nuis.
apces, ABB. Com. l68. This statute re-.
msined In force In England at tho time OF
the declaration OF American Independence,
and being applicable to our situation:
constitutes Q part OF tho common law OF
the United States. From the language
employed In the Constitution. II 10 evident
that this was the understanding of its
trainers. In the restriction upon the
power Of the Legislature. IL 10 not said
that lotteries shall be prohibited, but that
"po lottery shall be authorized BY this
State" This constitutional clause con.
sidered In the light Of the common law
implies that lotteries could be lawfully
created by authority Of the Legislature
only. But THE authority eds 'riihhsid, and
the Act Of March 3, 1871. being In direct
violation Of the prohibition. 10 "neo"sfifu'
tionai. Since, then. this lottery 10 unau.
,horized by common law or valid statute,
II follows that tho objection urged that the
Act Of 1879 impairs the obligation OF CON-
tracts 10 without force.
We are Of opinion that the act TO pro-
hibit lotteries took effect, as by ue terms
Of its tenth section 1t IL declared 1t shall,
..from and after the first 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
Benevolent Association In providing means
to erect an insane asylum"
Tho petitioner Is remanded to the Gus
tody whence he came.