Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-08

cases In the United States 70 sustain the
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
proyisions arc substantially the same -
our OWL.
II Ia proper 70 add that We have arrived
At The conclusion stated without consider
ing the question Of the morality. OF i'm.
morality OF this particular scheme. II
mskes no difference whether u was set on
foot purely for the purpose Of raising rev.
onue for tho benefit OF tho "lnsane and
Charitable Fund" OF this State, or whether
u belonged 10 that class OF lotteries that
are made up Of pocuniary prizes and min
lister to the love OF gain |; whose schemes
address themselves In the grossest md
most revolving form directly 10 that sordid
passion, and 10 no other sentiment; where
the managers receive . pecuniary pront
and enlist " Q corps OF active seduoers TO
draw the weak and unwsry into the pur.
chase Of tickets" by extensive advertise.
ments containing brilliant pictures OF the
favorable chances 10 acquire sudden
wealth.
It may DO admitted for the purposes Of
this decision, - was argued BY respon-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
at all times 10 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 mi that must DO con
sidsred - settled by the adoption Of the
constitutional provision OK parte Darling,
recently decided
In the Art Union case, TO which We have
frequently referred, 10 was claimed that
the enterprise was really Of . meritorious
character, and that II differed, In this 70.
spect, from the lotteries where the mana.
ayers were 10 receive tho lions share Of
the profits. The Court, In answer 10 this
argument, said:
"If NO lotteries had existed excepting
such q IL contained In the Art Union
scheme. Il IL not probable that they would
have been forbidden BY the Constitution
or by law. Its mischiefs are certainly not
30 apparent as II Its prizes were to be paid
In money, or - 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 wo may entertain OF the probable
good or evil consequent upon the 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 we're TO DO I'd.
mitted that the scheme IL entirely harm.
less In its consequences, IL would form nc
ground for making IL BY judicial con.
struction q exception 10 the general and
absolute constitutional prohibition"
"The law knows no person u II NO
made for tho individual man, but for men.
As the dew OF heaven falls, 20 IL bears
alike upon the just and unjust" Estate
W.. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission 70 Its
authority 10 incumbent upon all.
Thifd-It IL unnecessary TO discuss any
OF the other points suggested by respon-
dents' council.
We will not presume. In advance, that
tSsfSaachho shsShA Nioteso ~ isWs
From the views already expressed II II
apparent that IL 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 be without warrant Of
Law.
Tho Judgment OF this Court 10 that the
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 tho acts specified In the
statute, "to aid the Nevada Benevolent
Association" approved March Q. 1881
tStat.,. 1881. 166; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEONARD. @. ].
BILXNAP, J.