Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-05

cases In the United States 10 sustain tho
position commanded 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 10 them BY the Courts Of
other States, where the constitutional
provisions are substantially the same -
q OWE
II is proper to add that we have arrived
at the conclusion stated without consider
ing tho 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 rev.
enus for the benefit OF the "Insane and
Charitable Fund" Of this State, or whether
II belonged to that class Of lotteries that
are made up Of pecuniary prizes and min
lister to the love Of gain ; whose schemes
address themselves In tho grossest and
most revolving form directly 70 that sordid
passion. and TO nc other sentiment where
the managers receive Q pecuniary pro6t
and enlist 90 corps Of active seducers 10
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 b admitted for the purposes Of
this dscision,i ~ was argued by respon.
dents' counsel, thatt the people Of this State
are essentially . 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 ~ settled by the adoption Of the
constitutional provision lex parts Darling,
recently decidsd.l
In the Art Union case, to which We have
frequently referred, IL was claimed that
the enterprise was really Of . meritorious
character, and that IL differed. In this re-
spect, from Che lotteries where the mana.
ayers were to receive tho lions share Of
the profits. The Court, In answer 10 this
argument, said:
"Ifn no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, 10 IL not probable that they would
have been forbidden by the Constitution
or by law. It's mischisfs are certainly not
80 apparent % II it, prizes were to be paid
In money. or a. It would be II framed for
the purpose Of enticing the necessitous and
improvldent into its hazards. But this
case cannot DO decided according to
the viows we may entertain Of the probable
good or evil consequent upon tho 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 did
not intend TO confer that power on the
judicial tribunals. II IL wsro TO be id.
mitted that the scheme 10 entirely HARM
less In its consequences, IL would form no
ground for making II by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person /; II 10 no
mado for tho individual man. but for men.
As the dew Of heaven falls, 80 IL bears
alike upon tho Just and unjust" Estate
vs.. Pierce, 8 New, S0i.
II smiles and frowns upon all alike. 1t
makes no distinctions. Submission to Its
authority 10 incumbent upon all.
Third-lt Ia unnecessary 10 discuss any
OF tho other points suggested by respon.
dents council.
We will not presume, In advance, that
respondents intend to violate the law.
From tho views already expressed IL 10
apparent that It 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 IL that tho
respondents have no right. liberty. or
franchise, by virtue Of any law, to adver-
tise, print, circulate or sell any tickets In
the scheme or enterprise Of the Nevada
Benevolent Association" within this State.
or to do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
Association" approved March o. 1881
tStat., 1881. 1861 and that tho costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur: LEONARD, @. ].
BELxSAP, ].