Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-13

cases In the United States 10 sustain the
position contended 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 70 them BY the Courts Of
other States, where the constitutional
provisions are substantially the Same -
our own.
Il is proper to add that We have arrived
At tho conclusion stated without consider
ing the question Of tho morality. or i'm
morality OF this particular scheme. II
makes NO difference whether II was set on
foot purely for the purpose Of raising rev.
enue for the benefit OF the "Insane and
Charitable Fund" Of this State, or whether
Il belonged 70 that class OF lotteries that
arc made MP Of pocuniary prizes and min.
lister to tho love OF gain ; whose schemes
address themselves In tho grossest and
most revolving form directly TO that sordid
passion, and to NO other sentiment; whore
the managers receive . pecuniary profit
and enlist Z" corps Of active seducers TO
draw tho weak and unwary into the pur-
chase Of tickets" by extensive advertise
ments containing brilliant pictures OF the
favorable chances to acquire sudden
wealth.
II may be admitted for the purposes Of
this decision, - was argued by reepon.
dents counsel, that the people OF this State
are essentially . gambling people, ready
at all times to take the desperate chances
which lotteries afford, and that NO In.
furious effects upon the morals Of the PEG.
Die would result II this game Of chance
was allowed to proceed.
This question 10 one that must DO con.
sidered a. settled by the adoption Of tho
constitutional provision lex psrte Darling,
recently decided
In tho Art Union case, to which we have
frequently referred, IL was claimed that
the enterprise was really Of . meritoriQus
character, and that IL differed. In this 70.
spect, from the lotteries where the mana.
ayers were TO receive the lions share Of
the profits. The Court, In answe TO this
argument, said:
"If NO lotteries had existed excepting
such % 10 contained In the Art Union
scheme, II Is not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
so apparent a. II Its prizes were to DO paid
In money, or a. IL would be II framed for
the purpose Of enticing the necessitous and
improvident into Its hazards. But this
case cannot DO decided according to
the views wo may entertain Of the probable
good or evil consequent upon the execu.
ton Of the scheme. The 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. II IL were to DO I'D.
mitted that the scheme Ia entirely harm.
less In Its consequences. II would form no
ground for making IL by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person ; IL 10 no
made for tho individual man, but for men.
As the dew Of heaven falls, so II bears
alike upon the Just and unjust" tStato
W. Pierce, 8 New, S0i.l
II smiles aud frowns upon all alike. II
makes M distinctions. Submission TO Its
authority IL 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
iSpPohoShto shsSho v Etoiss0 " AsVs
From the views already expressed II 10
apparent that 1t would make no difference
whether respondents base their right to
act In the premises under the articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
The judgment Of this Court Is that the
respondents have no right. liberty. or
franchise, by virtue Of any law, to adver-
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. "to aid th6 Nevada Benevolent
Association" approved March 0. 1881
Stat. 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, J.
We concur LEONARD, O. ].
BELKNAP, j.