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

cases In the United States to sustain the
position commended for by respondents I;
and that NO argument has been advanced
by respondents, upon either Of these
points, that has not heretofore been do.
cided adversely 70 them by tho Courts Of
other States, where the constitutional
provisions arc substantially the same -
our OWL.
II Is proper to add that We have arrived
at the conclusion stated without consider
ing tho question Of tho morality, or i'm.
morality Of this particular scheme. 1t
makes no difference whether IL was sot on
foot purely for the purpose Of raising ros.
enue for the benefit OF the "Insane and
Charitable Fund" OF this State, or whether
II belonged TO that class Of lotteries that
are made up Of pccuniary prizes and min
lister to tho love Of gain I; whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and TO NO other sentiment ; where
tho managers receive Q ~pecuniary profit
aud enlist 90 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.
It 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 TO take the desperate chances
which lotteries Afford, and that NO In.
furious effects upon the morals Of the PEG.
ple would result II this game Of chance
was allowed to proceed.
This question 10 one that must DO con.
sidered rs settled by the adoption Of the
constitutional provision ex parte Darling,
recently decided
In the Art Union case. TO which We have
frequently referred, II was claimed that
the enterprise was really Of . meritorious
character, aud that II 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 as IL 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 are certainly not
80 apparent as II Its prizes were to DO paid
In money, or ~ II would be II framed for
the purpose OF enticing the necessitous and
impr0vident into It's hazards. But this
case cannot DO decided according to
tho views NO may entertain Of the probable
good or evil consequent upon the execu.
ton Of tho scheme. The Constitution
took away the power Of determining
whether this or any other lottery was OF
good or evil tendency, and certainly did
,nk tnNoHI 60 aoala~ skak @1..a. ~, AZ
judicial tribunals. II 1t were to be id.
mitted that the scheme Is entirely harm
less In Its consequences, 1t would form NO
ground for making II by judicial con
struction an exception to the general and
absolute constitutional prohibition"
1.-THE law knows no person II 10 M
made for tho individual man, but for men.
As tho dew Of heaven falls, 30 IL bears
alike upon the Just and unjust" Estate
vs.. Pierce, 8 New, 30i.l
1t smiles and frowns upon all alike. II
makes no distinctions. Submission to its
authority Is incumbent upon all.
Third-It 10 unnecessary to discuss any
Of tho 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 Il 10
apparent that II 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.
The 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
tho scheme or enterprise Of tho Nevada
Benevolent Association" within this State,
or to do any Of tho acts specified In the
statute, "to aid the Nevada Benevolent
Association" approved March 0. 1881
lStat.. 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEONARD, G. ].
HHLKylp. J.