Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-13

Js, NGv AOA IhON LA
revenue, they would not have used ths
Language they did IN tho concluding sen.
tsnos, " Nor shsll the sale Of lottery tick
sta Be- allowed" These words clearly
shov that Il w. nCt intended that auy
lottery should b authorised By this 8tats
The words "by this State" - used In
our Copstitution, and the words in thii
Sats," cor within this State" - used
| In The Consultations Of New York, hsvs
virtually the same meaning.
"No lottssy shall b authorised b. thil
STATE. nor shall the sale Of lottery tlekstl
be allowed"
This language applies 70 sll lottsries,
vhetber public or private. To lotteries
conducted BY the State By The church
by private individuals; |; By benevolent and
charitable associations. and BY oorpors
hons.
No lottery Of any kind can b suthor'
ised BY the Legislature under the present
Copstitution.
We again repeat what, 10 seems 10 us
must be evideni 70 every unbiased and im'
psrtlsl mind. that the language Of ths
constitutions provision 10 700 plain fol
argument. That under Il The Legislature
cannot authoriss any lottsry In This State
and that the Act approved March Q, 1881,
ID null and void.
We arc conscious Of the faot that u VA
unnecessary 70 add anything 70 the reason
Ing Of this Court In ss ports Blanchard,
which 10. Of itself. absolutely conclusive
upon both Of the points We have discussed.
But Il has been attempted. 'by . deatrs
upon our part. 70 show that no authority
could 10 found In any Of tho adjudicated
cases In the United States 10 sustain the
position oontsnded for By respondents
aud that no argument has been advanced
By respondents, upon either Of thess
points, that has not heretofore been do.
cided adversely 70 them By tho Courts oi
other States, where the constitutional
provisions are substantially the same ~
our own.
Il IL proper 10 add that ws have arrived
st the conclusion stated without consider
ipg the question Of the morality, or i'm
morality OF this particular scheme. II
makes no difference whether IL was set on
foot purely for the purpose OF raising rev.
enus for the beneht OF the Insane and
Charitable Fund Of this State. or whether
IL belonged 70 that class Of lotteries thai
arc made up Of psounisry prises and min
lister 10 the love Of gain ; whose schemel
address themselves In the grosstst and
most revolving form directly 70 that sordid
passion, and 70 no other sentiment; where
the managers receive . pecuniary prohi
aud enlist "a corps Of active ssducers "a
draw the weak and unwary Into the pur'
chase Of tickets" BY extensive advertise.
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
Il may be admitted for tho purposes oil
this decision. - was argued BY respou'
dents' counsel, that the people Of this Stats
are essentially . gambling people, ready
at all times 70 take the desperate chances
which lotteries afford, and that NO In
furious effects upon The morals Of the pto'
pls would result II this game Of chance
was allowed 10 proceed.
This question IL ono that must be con.
sidersd - settled BY the adoption OF the
constitutional provision sx parts Darling,
recently decided.
In the Art Union case, 70 which We have
frequently referred, it was claimed thai
the enterprise Was really Of A-meritorioui
character, and that Il differed, in this rs'
spect, from the lotteries where the mana
agers were 70 receive the lions share oi
the profits. The Court, In answer 70 thii
argument. said:
"If no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, 10 10 not probable that they would
have been forbidden By the Consultation
or by Law. Its mischisfs are certainly moi
20 apparent - II its prizes were to bs paid
In money, or - Il would be II framed foi
the purpose Of snticing the neoessitous and
improviuient into its hazards. But thi,
case cannot bs decided according tc
the views wS may entertain Of the probable
good or evil consequent upon the execu'
ton Of the scheme. The Constitution
took away the power Of determining
whether this or any other lottery was Of
good or evil tendency. and certainly die
not intend 70 confer that power on the
| judicial tribunals. II it we're TO be ad
mitted that the scheme 10 entirely harm
less in il consequences, IL would form nc
ground for making u By judicial con
struction IN exception 10 the general snt
absolute constitutional prohibition"
Courts cannot mako any distinction, IN
this respect, a. 70 the nature OF the trans
action or the character Of persons engaged
In IL. 1t 10 thsir boundsn duty 70 declare
the Law.
1.-THE law knows NO person II 10 hot
made for tho individual man, but for men
Al the dew Of heaven falls, 20 10 bear
alike upon the Just and unjust" Stat
W. Pierce, 8 New, 904.
Il smiles and frowns upon oil alike. i
makes NO distinctions. Submission 70 IL
authority 10 incumbent upon al.
Third-It 10 Unnecessary 10 discuss any
Of the other points suggested BY respon
dsnts' council.
We win not presume. In advance, tha
respondents intend 70 violsts the law.
From the views already expressed u Il
apparent that 10 would make no dihsrenc'
whether respondents base their right u
sct In the premises under tho articles O
incorporation or under the provisions o.
tue Act OF the Legislature. In either even
their Acts would be without warrant O
Law.
The Judgment Of this Court is that th'
respondents have NO right. liberty. Of
franchise, By virtue Of any Law, 70 sdvsr
tiss, print, circulate or sell any tickets u
the scheme or enterprise Of tho Nevsdi
Benevolent Association" within this State
or 70 do any Of the acts specified In th'
statute, 40 aid the Nevada Bensvolen
Association. o" approved March .. iSS
| (Stat., 1881, 1851; and that the costs o
this proceeding bs taxed against them.
HAwLIY, J.
We coucur: LsoxAHp, O. ].
| BxLKNAP. j.
THE SUN FOR 1881.
.u,,..,.,a.. ,.,. .o pr,,sp..d ,hs. Ii