Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-21

cases In the United States 10 sustain the
position commanded for BY respondents ;
and that no argument has been advanced
nv respondents, upon either Of these
points, that has not heretofore been dc.
cided adversely TO them BY the Courts Of
other States, where the constitutional
provisions arc substantially the same -
our own.
Il is proper to add that We have arrived
At the conclusion stated without consider
ing tho question Of tho 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.
euue for the benefit OF the "lnsane and
Charitable Fund" Of this State, or whether
Il belonged 10 that class Of lotteries thai
are made up Of pecuniary prizes and min
lister TO the love OF gain I; whose schemes
address themselves In the grossest md
most revolving form directly 70 that sordid
passion, and 70 NO other sentiment; where
the managers receive . pecuniary pront
and enlist 20 corps Of active seduccrs 70
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise
ments containing brilliant pictures Of the
is'ohsoao sAsuoes w sSfeAso ~
wealth.
It may DO 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 taks 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 10 proceed.
This question 10 one that must DO con-
sidered Is settled by tho adoption Of the
constitutional provision lex parte Darling,
recently decided
In the Art Union case, to which We have
frequently referred, IL was claimed that
the enterprise was really Of . m~eritorious
character, and that IL differed, In this re-
spect, from tho lotteries where the lana.
ayers were TO receive the lions share OF
the profits. The Court, In answer 10 this
argument, said:
"If nc lotteries had existed excepting
such % IL contained In the Art Union
scheme. Il Is not probable that they would
have been forbidden by the Constitution
or by law. Its mischiefs arc certainly not
30 apparent a. II Its prizes were to DO paid
In money, or as IL would DO II framed for
the purpose Of entioing the necessitous and
improvident into Its 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. 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 II were TO DO id.
mitted that the scheme Is entirely harm.
less In Its consequences, 10 would form no
ground for making IL by judicial con.
~struction an exception To the 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, 90 IL bears
alike upon the Just and unjust" Estate
W. Pierce, 8 New, 30i.
II smiles and frowns upon all alike. II
makes NO distinctions. Submission 10 Its
authority IL incumbent upon all.
Third-lt Is unnecessary 70 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 Il Is
apparent that II would make no difference
whether respondents base their right to
act In the premises under the articles Of
incorporation or under tho 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 the
respondents have no right. liberty. or
franchise. by virtue Of any law. to adver-
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of the Nevada
Benevolent Association" within this State.
or to do any Of the acts specified In tho
statute. "to aid the Nevada Benevolent
Association" approved March 0. 1881
Stat, 1881, 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEONARD, @. ].
HYIryAp