Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-09

cases In the United States TO 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-
cided adversely to them BY tho Courts OF
other States, where tho 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 tho morality, or Inn
morality Of this particular scheme. 1t
makes no difference whether II was set on
foot purely for tho purpose OF raising rev.
enue for the benefit OF tho "Insane and
Charitable Fund" OF this State, or whether
Il belonged TO that class Of lotteries that
are made up OF pecuniary prizes and min.
lister to tho 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 " Q corps OF active seducers 70
draw the weak and unwsry into the pur-
chase Of tickets" by extensive advertise.
msnts containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
It may DO admitted for the purposes Of
this decision, a. was argued by respon.
dents counsel, that tho people Of this State
arc 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 TO proceed.
This question 10 one that must be con.
sidered Is settled by the adoption Of the
constitutional provision ex parte Darling,
recently decided
In the Art Union case, to which We 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 TO this
argument, said:
"Ifno lotteries had existed excepting
such % IL 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 a. II It's prizes were to DO paid
In money, or a. II 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 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
not intend to confer that power on the
judicial tribunals. II It were TO DO id.
mitted that the scheme 10 entirely harm.
less In its consequences, 10 would form no
ground for making IL by Judicial con.
struction an exception to the 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. 70 IL bears
alike upon the just and unjust" tState
vs.. Pierce, 8 New, 904.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission 10 Its
authority 10 incumbent upon oil.
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 the views already expressed u 10
apparent that 1t would mako 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 The
respondents have no right. liberty. or
franchise, BY virtue Of any law, to adver.
tise, print, circulate or sell any tickets In
tho scheme or enterprise Of the "Nevada
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute. ITO aid the Nevada Benevolent
Association" approved March 0. 1881
Stat, 1881. 1861 and that the costs Of
this proceeding DO taxed against them.
HAwLEY, j.
We concur LEONARD, @. j.
BELKNAP, j.