Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-01

Gases In the United States 10 sustain the
position commended for by respondents ;
and that no argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been de-
cidsd adversely TO them by the Courts Of
other States, where tho constitutional
provisions are substantially tho Same -
our own.
Il Is proper to add that We have arrived
st the conclusion stated without consider
ing the question Of tho morality, or i'm.
morality Of this particular scheme. Il
makes no difference whether u was set on
foot purely for the purpose Of raising rev.
enue for the benefit OF tho "Insane and
Charitable Fund" Of this State, or whether
Il belonged 10 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 grossest and
most revolving form directly TO that sordid
passion, and TO no other sentiment; where
the managers receive . pecuniary profit
and enlist "s corps Of active seducers 70
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.
Il may be admitted for the purposes Of
this decision, ~ WAS argued by respon.
dents' counsel, that the people Of this State
are essentially 0 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 10 proceed.
This question 10 one that must be con.
sidered a settled by tho adoption Of the
constitutional provision OK 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~ofitorious
character, and that 10 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 TO this
argument, said:
"Ifn no lotteries had existed excepting
such % 10 contained In the Art Union
scheme, Il Is not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs arc certainly not
30 apparent a. II Its prizes were to be paid
In money, or a. II would DO II framed for
the purpose Of enticing the necessitous apd
improvident into its hazards. But this
case cannot DO decided according to
tho views w 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 IL we're to DO I'd.
mitted that the scheme is entirely harm.
less In its consequences, IL would form no
ground for making IL by judicial con.
%struction IN exception 10 tho general and
absolute constitutional prohibition"
"The law knows no person /; 10 10 no
made for the individual man, but for men.
As the dew Of heaven falls, 10 IL bears
alike upon the just and unjust" Estate
vs.. Pierce, 8 New, 30a.l
Il smiles and frowns upon all alike. II
makes no distinctions. Submission TO It's
authority 10 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 70 violate the law.
From the views already expressed IL 10
apparent that II would make no difference
whether respondents base their right 10
act In. the premises under the articles Of
incorporation or under tho provisions OF
the Act Of tho Legislature. In either event
their Acts would DO without warrant OF
law.
Tho judgment Of this Court 10 that tho
respondents have no right. liberty. or
franchise, by virtue Of. any law. to sdver.
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of tho "Novads
Benevolent Association" within this State,
or to do any Of tho acts specified In the
statute. "to aid tho Nevada Benevolent
Association" approved March Q. 1881
lStat., 1881, 1861 and that the costs Of
this proceeding DO taxed against them.
HAwLEY, J.
We concur: LEONARD, O. j.
RRIxNAp +