Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-16

cases In the United States to sustain the
position commended for by respondents ;
and that no argument has been advanced
by respondents upon either OF these
noiuts. that has not heretofore been do.
cided adversely TO them by the Courts Of
other States, where tho constitutional
provisions arc substantially the Same as
our own.
II Is proper to add that VIC have arrived
NJ tho conclusion stated without consider
ing tho question OF the morality. or i'm.
morality Of this particular scheme. II
makes no difference whether II was SET on
foot purely for tho purpose OF raising rev.
enuo for the benefit Of tho Insane AND
Charitable Fund" Of this State, or whether
II belonged 10 that class OF lotteries that
arc made up Of pccuniary 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; where
tho managers receive Q pecuniary proht
and enlist NJ 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.
1t may DO admitted for the purposes Of
this decision, as was krgued by respon-
dents counsel, that the people OF this State
are essentially o gambling people, ready
at all times to take tho 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 Is n that must DO con.
sidered as settled by tho adoption OF the
constitutional provision OK parto Darling,
recently decided
In tho Art Union case, to which we have
frequently referred, IL was claimed that
tho enterprise was really Of o meritorious
character, and that II differed, In this re-
spect, from the lotteries whero the mana.
ayers were TO receive tho lions share OF
tho profits. Tho Court, in answer to this
argument, said:
"If no lotteries had existed excepting
such as is contained In tho Art Union
scheme. II is not probable that they would
have been forbidden by tho Constitution
or by law. Its mischiefs are certainly not
30 apparent as II Its prizes were to bo paid
In money, or rs II 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 VIC may entertain Of the probable
good or evil consequent upon the execu.
ton Of tho scheme. Tho 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 1t were to DO ad.
mitted that the scheme is entirely HARM
less In its consequences, II would form no
ground for making 1t by judicial con.
struction an exception to tho general and
absolute constitutional prohibition"
"Tho law knows no person |; 1t is no
made for tho individual man. but for men.
As the dew Of heaven falls, so 1t bears
alike upon the just and unjust" Estate
vs.. Pierce, 8 New, 30i.l
1t smiles and frowns upon all alike. II
makes no distinctions. Submission to It's
authority Is incumbent upon all.
Third-lt 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.
From the views already expressed II Is
apparent that 1t would make no difference
whether respondents base their right to
act in the premises under tho articles Of
incorporation or under the provisions Of
the Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
Tho judgment Of this Court is 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 tho Nevada
Benevolent Association" within this State,
or to do any Of tho acts specified in the
statute, "to aid tho Nevada Benevolent
Association" approved March 0, 1881
Stat, 1881. 1861; and that tho costs OF
HAwLEY, j.
We concur: LEONARD, O. j.
BELKNAP, j,