Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-24

cases In the United States 10 sustain the
position commanded for BY respondents ;
and that NO argument has bean advanced
by respondents, upon either Of these
points, that has not heretofore been do.
cided adversely TO them By the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own.
Il is proper to add that we have arrived
A the conclusion stated without consider
ing the question Of tho morality, or i'm.
morality OF this particular scheme. 1t
mskes no difference whether II was set on
foot purely for the purpose OF raising rev.
enus for the benefit Of the "Insane and
Charitable Fund.- OF this State, or whether
Il belonged 70 that class OF lotteries that
arc made up Of ~peouniary prizes and min.
ister to the love Of gain /; whose schemes
address themselves In the grossest and
most revolving form directly TO that sordid
passion, and 70 no other sentiment; where
the managers receive . pecuniary proht
and enlist - corps Of active seducers TO
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
II may DO admitted for tho purposes Of
this decision, - was argued BY respou.
dents counsel. that the people Of this Stats
are essentially . 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 PEG.
pie would result II this game Of chance
was allowed TO proceed.
This question 10 o that must be con.
sidered a. settled by tho adoption Of the
constitutional provision lex parte Darling,
recently decided
In the Art Union case. TO which We have
frequently referred, 10 was claimed that
the enterprise was really Of . m~eritorious
character, and that IL differed, In this 70.
spect, from the lotteries whero the mana.
ayers we're 10 receive the lions share Of
the profits. The Court, In answer 10 this
argument, said:
no lotteries had existed excepting
such a. IL contained In the Art Union
scheme, II 10 not probable that they would
have beon forbidden by the Constitution
or by law. It's mischiefs are certainly not
SO apparent a. II Its prizes were to be paid
In money, or IS 10 would DO II framed for
the purpose Of enticing the neoessitous and
improvident into Its hazards. But this
case cannot DO decided according to
the viows We may entertain OF the probable
good or evil consequent upon the execu.
ton Of the scheme. The Constitution
took away tho power Of determining
whether this or any other lottery wa OF
good or evil tendency. and certainly did
not intend to confer that power on tho
judicial tribunals. II II were to DO id.
mitted that the scheme IL entirely harm.
less In Its consequences, IL would form no
ground for making IL by judicial con
struction an exception 10 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, 80 II bears
alike upon the just and unjust" Estate
VI. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. II
makes nc distinctions. Submission 10 is
authority IL incumbent upon all.
Third-It Is 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 Il
apparent that IL 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 sdver.
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. ITO aid tho Nevada Benevolent
Association" approved March Q. 1881
[Stat.. 1881. 1865; and that the costs Of
this proceeding be taxed against them.
HAwLrY, ].
We concur: LEONARD, @. J.
J.