Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-06

cases In the United States 10 sustain tho
position commended for by respondents;
and that no argument has been advanced
BY respondents, upon either Of these
points, that has not heretofore been do
cided adversely to thorn BY tho Courts Of
other States, where the constitutional
provisions are substantially the Same -
our own.
It is proper to add that wo have arrived
Of the conclusion stated without consider
ing the question Of the morality. or i'm.
morality OF this particular scheme. 1t
makes no difference whether IL was set on
foot purely for the purpose Of raising rov.
enue for the benefit OF the Insane and
Charitable Fund" Of this State, or whether
II belonged 10 that class Of lotteries that
arc 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 10 that sordid
passion, and to no other sentiment where
the managers receive . pecuniary profit
and enlist "a 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.
1t may be admitted for the purposes Of
this decision, as was argued by respon.
dents counsel, that the people OF this State
are essentially o gambling people, ready
ct all 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 to proceed.
This question 10 one that must be con.
sidered as settled by the adoption Of tho
constitutional provision ex parte Darling,
recently decided
In the Art Union case, to which wo have
frequently referred, IL was claimed that
the enterprise was really Of . meritorious
character, and that II differed, In this 70.
spect, from the lotteries where the mana.
ayers were TO receive the lions share OF
tho profits. The Court, In answer to this
argument, said:
"If NO lotteries had existed excepting
such a. IL contained In the Art Union
scheme, IL Is not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
so apparent as II It's prizes were to be paid
In money, or as IL would be II framed for
the purpose Of enticing the necessitous and
improyident into Its hazards. But this
case cannot DO decided according to
the views We may entertain Of tho probable
good or evil consequent upon the execu.
ton Of the scheme. Tho Constitution
took away tho 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 the
judicial tribunals. III II were 10 DO I'D.
mitted that the scheme 10 entirely harm.
less in Its consequences, 1t would form no
ground for making 1t by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
1.-THE law knows no person IL 10 no
made for tho individual man, but for mon.
As tho dew Of heaven falls, 80 II bears
alike upon tho Just and unjust" Estate
vs.. Pierce. 8 New, 30i.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission to Its
authority Is incumbent upon all.
Third-It Is unnecessary to discuss any
Of the other points suggested by respon.
dents council.
We will not presume. In advance, that
respondents intend to violate the law.
Prom the views already expressed IL 10
apparent that II would make no difference
whether respondents base their right 10
act In tho premises under the articles Of
incorporation or under tho provisions Of
the Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
The judgment OF this Court 10 that the
respondents have no fright. liberty. or
franchise, by virtue Of any law, 10 sdver.
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of the Nevada
Benevolent Association" within this State.
or to do any Of the acts specified In the
statute. ITO aid the Nevada Benevolent
Association approved March o. 1881
Stat, 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur: LEONARD, O. ].
BELXSAp, ].