Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-28

cases In the United States 10 sustain The
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 them BY tho Courts Of
other State, where the constitutional
provisions IRE substantially the same a
our own.
Il Is proper to add that NO have arrived
st the conclusion stated without consider.
| ing the question OF the 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
are 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 to that sordid
passion, and 10 no other sentiment; where
the managers receive . pecuniary profit
and enlist 80 corps Of active seducers TO
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.
II may be admitted for the purposes Of
this decision, - was argued BY respon-
dents' counsel, that the people Of this State
are essentially . gambling people. ready
1t all times to taks 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 - settled by the adoption Of the
constitutional provision OK psrte Darling,
recently decided.
In the Art Union case, TO which We have
frequently referred, 10 was claimed that
tho enterprise was really Of . m~eritorious
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. Tho Court, In answer TO this
argument, said:
eli no lotteries had existed excepting
such a. 10 contained In tho 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
10 'appsrent as II Its prizes were to be paid
In money, or a. IL would be II framed for
tho purpose OF enticing the necessitous and
improyident into Its hazards. But this
case cannot DO decided according to
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 II were to DO I'd.
mitted that the scheme IL entirely harm.
less In Its consequences, IL would form no
ground for making IL by judicial con.
struction an exception 10 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, 30 II bears
alike upon the just and unjust" Estate
". Pierce, y New, 304.l
II smiles and frowns upon all alike. It
makes no distinctions. Submission TO Its
authority 10 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 10 violate tho law.
From tho views already expressed u 10
apparent that II would make no difference
whether respondents base their right to
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 be without warrant Of
law.
Tho judgment Of this Court Is that the
respondents have no right. liberty. or
franchise, by virtue Of any law. to sdver.
tise, print, circulate or sell any tickets In
the scheme or enterprise Of the "Nevsda
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute, "to aid tho Nevads Benevolent
Association" approved March 0, 1881
Stat, 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEr, ].
We concur LEONARD, c. ].
BELYNAP, j,