Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-06

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 de-
cided adversely 10 them BY the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own
Il is proper 10 add that We have arrived
n the conclusion stated without consider
ing the question Of the morality. or i'm.
morality Of this particular scheme. II
makes no difference whether IL 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
II belonged 70 that class Of lotteries that
arc made mp Of peouniary 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 TO no other sentiment; where
the managers receive . pecunisry proft
and enlist go 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.
II may be admitted for the purposes OF
this decision. a. was argued by respon.
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.
pie would result II this game OF chance
was allowed TO proceed.
This question 10 one that must DO con.
sidered as settled by the adoption of the
constitutional provision OK parte Darling.
recently decided
In the Art Union case, TO which We have
frequently referred, IL was claimed that
tho enterprise was really Of Q meritorious
character, and that IL differed; In this 70.
spect, from tho lotteries where the mana
ayers were 10 receive the lions share Of
the profits. The Court, In answer TO this
argument, said;
"If NO lotteries had existed excepting
such Is IL contained In the Art Union
scheme, Il Is not probable that they would
have boon forbidden by the Constitution
or by law. It's mischiefs are certainly not
90 apparent a. II Its prizes were to be paid
In money, or 90 IL would be II framed FOR
the purpose Of enticing the necessitous and
improvldent into It's 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. II II were to DO I'd.
mitted that the scheme Is entirely harm
less In its consequences, II would form no
ground for making It by Judicial con-.
struction an exception 10 tho general and
absolute constitutional prohibition"
"The law knows NO person ; II 10 no
made for tho individual man, but for men.
As the dew Of heaven falls, 80 10 bears
alike upon tho Just and unjust" Estate
W.. Pierce, 8 New, 80l.l
II smiles aud frowns upon all alike. II
makes no distinctions. Submission to Its
authority IL incumbent upon all.
Third-It IL unnecessary TO discuss any
Of the other points suggested by respon.
denh' council.
We will not presume, In advance, that
ASoPohuShen shSSho W vAoioso tuo 1--WE
From tho views already expressed Il 10
apparent that II would mako 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.
Tho judgment Of this Court Is that tho
respondents have no right. liberty. or
franchise, by virtue Of any lay, 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
tStat.. 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
Wo concur LEONARD, O. ].