Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-09

cases In The United States 70 sustain The
position commanded for by respondents ;
and thai no argument has been advanced
BY respondents, upon either OF these
points, that has mot heretofore been do.
cided adversely 70 them by the Courts Of
other States. where the constitutional
provisions are substantially tho same -
our own.
Il is proper 10 add that We have arrived
Al the conclusion stated without consider
ing the 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.
euue for tho benefit OF the "Insane and
Charitable Fund" Of this State, or whether
Il belonged To that class Of lotteries that
arc made up Of pecuniary prizes and min.
lister TO the love Of gain ; whose schemes
address themselves In the grosscst and
most revolving form directly to that sordid
passion, and 70 NO other sentiment; where
the managers receive . pecuniary proht
and enlist "a 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, thatthe 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 q that must be cor.
sidered q settled BY the adoption Of the
constitutional provision lex parte Darling.
recently decided
In the Art Union case, To which No have
frequently referred, 10 was claimed that
the enterprise was really Of . meritorious
character, and that Il differed. In this re-
spect, from the lotteries where the mana.
ayers were To receive the lions share Of
the PROFITS. The Court, In answer 10 this
argument, said:
"If no lotteries had existed excepting
such % 10 contained In the Art Union
scheme, Il IL not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
80 apparent - 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 is hazards. But this
case cannot DO decided according to
tho views We 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 10 confer that power on the
Judicial tribunals. II II we're 10 DO id.
mitted that the scheme 10 entirely harm.
less In is consequences, IL would form no
ground for making IL by judicial con.
%struction an exception TO tho general and
absolute constitutional prohibition"
"The law knows no person ; IL 10 NO
made for tho individual man, but for men.
As the dew Of heaven falls, 10 IL bears
alike upon the just and unjust" Estate
W. Pierce. 8 New. S0i.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission 10 it,
authority 10 incumbent upon all.
Third-It IL unnecessary to discuss any
Of the other points suggested by respon.
dents council.
We will not presume, In advance, that
kSsRShaShbs thtoha w AoAat wv isWs
From tho views already expressed II 10
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 DO without warrant Of
Law.
The judgment OF this Court 10 that tho
respondents have no right. liberty. or
franchise, BY virtue Of any law. 70 sdver-
tiso, 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 Nevads Benevolent
Association" approved March .. 1881
Stat, 1881. 1851; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, J.. =,
We concur: LEONARD, @. j.
BYLRNAp. j.