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

cases In The United States 10 sustain ths
position contended for BY respondents
and that no argument has been advanced
BY respondents, upon either Of these
points, that has mot heretofore been do.
cided adversely TO them by the Courts Of
other States, whero the constitutional
provisions are substantially the same ~
our own.
II Is proper To add that We have arrived
at 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 vas set on
foot purely for the purpose Of raising re,:.
enue for the benefit Of the "lnpano and
Charitable Fund.- Of this State, or whether
Il belonged 70 that class Of lotteries that
are made up Of pecuniary prizes and min.
lister 10 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; whore
the managers receive . ~pecuniary profit
and enlist "a corps Of active seducers 10
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.
It may DO admitted for the purposes Of
this decision, - was argued by respon.
dents counsel, that the people Of this State
are essentially Q gambling people, ready
ct all times TO taks the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the peo-
IA .oc1d raorik 10 %hta rama ~ nhsnna
was allowed to proceed.
This question 10 one that must be con-
sidered a. settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided
In the Art Union case, to which wehave
frequently referred, IL Wal claimed that
the enterprise was really Of . m~eritorious
character, and that Il differed. In this 70.
spect, from the lotteries where the mana.
ayers were TO receive the lions share Of
the profits. The Court, In answer 70 this
argument, said:
"If no lotteries had existed excepting
such a. 10 contained In the Art Union
scheme, II Is not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
30 apparent ~ II Its prizes were to be paid
In money, or % IL would DO 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. 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 I'd.
mitted that the scheme Is entirely harm
less In Its consequences, IL would form no
ground for making 1t 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, so IL bears
alike upon the Just and unjust" Estate
W. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. Il
authority 10 incumbent upon al.
.Third-It 10 unnecessary TO 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 tho views already expressed II 10
apparent that II would make 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.
Tho judgment OF this Court Is that the
respondents have no right. liberty. or
franchise, by virtue Of any lsw, 10 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 Nevads Benevolent
Association" approved March 0. 1881
Stat. 1881. 1861 and that the costs Of
this proceeding BIO taxed against them.
HAwLrY, J.
We concur LEONARD, @. ].
BELYNAP. j.