Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-17

cases In the United States to sustain the
position commended for by respondents /;
and thai no argument has BEEN advanced
by respondents, upon either Of these
points, that has not heretofore been do.
cidod adversely TO them by tho Courts Of
other States, where the constitutional
provisions are substantially tho sams a.
our own.
II Is proper To add that We have arrived
NJ the conclusion stated without consider
ing the question Of tho morality, or i'm
morality OF this particular scheme. II
makes no difference whether IL was SGT on
foot purely for the purpose Of raising rev.
euue for the benefit OF the "Inssne and
Charitable Fund" OF this State, or whether
Il belonged 10 that class Of lotteries that
are made up Of pecuniary prizes and min.
lister 10 tho love OF gain (; whose schemes
address themselves In the grossest and
most revolving form directly to that sordid
passion, and to no other sentiment; whore
the managers receive . pecuniary profit
and enlist as 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. - was argued BY respon-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
at all times 70 take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the peo.
Die would result II this game Of chance
was allowed to proceed.
This question 10 n that must DO con.
sidered Is settled by the adoption Of the
constitutional provision Iex parte Darling,
recently decided
In the Art Union case, TO which We hayo
frequently referred, 10 was claimed that
the enterprise was really Of . meritorious
character, and that II differed, In this re.
spect, from the 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 a. Is contained In tho Art Union
scheme, Il 10 not probable that they would
have been forbidden by tho Constitution
or by law. Its mischiefs are certainly not
80 apparent as II It's prizes were to DO paid
In money, or as IL 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 We may entertain OF the probable
good or evil consequent upon the execu-
ton OF the scheme. Tho Constitution
took away the power OF determining
whether this or any other lottery was Of
uonl - .atI sanIannv and nartainly Hid
not intend to confer that power on the
judicial tribunals. II 1t were 70 DO id.
mitted that the scheme is entirely harm.
less In its consequences, II 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 I; 1t 10 no
made for tho individual man. but for men.
As tho dew Of heaven falls, 30 1t bears
alike upon the just and unjust" Estate
W. Pierce. 8 New, 304.l
Il smiles aud frowns upon all alike. II
makes M distinctions. Submission TO Its
authority Is incumbent upon all.
Third-It IL unnecessary TO discuss any
Of the other points suggested by respon-
donts' council.
F. We will not presume. In advance, that
respondents intend to violate tho law.
From the views already expressed II 10
apparent that 1t would mako 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.
The 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 the Nevada
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute. "to aid tho Nevada Benevolent
Association" approved March o. 1881
IStat., 1881. 1861 and that the costs Of
this proceeding be taxed against them.
HAwLEY, J.
We concur LEONARD, @. j.
BELYNAP, j.