Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-20

cases In the United States 10 sustain the
position contended for BY respondents !
and that NO argument has been advanced
by respondents, upon either OF these
| poiuts, that has not heretofore been do.
| cided adversely 70 them BY the Courts Of
other States, where the constitutional
provisions are substantially the same -
our OWE.
Il is proper To add that We have arrived
at the conclusion stated without consider
ing the question Of tho morality, or i'm.
morality Of this particular scheme. 1t
makes no difference whether IL was set on
foot purely for tho purpose Of raising rev.
enue for tho benefit Of the "lnsans 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 Q pecuniary proht
and enlist 90 corps Of active seducers to
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. 20 was argued by respon.
dents counsel, that the people OF this State
are essentially Q gambling people, ready
ct all times to take the desperate chances
which lotteries afford, and that NO In.
furious effects upon tho morals Of the PEG.
pie would result II this game Of chance
was allowed TO proceed.
This question 10 one that must DO con.
sidered as settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided
In the Art Union case, 10 which We have
frequently referred, IL was claimed that
the enterprise was really Of . m~eritorious
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:
"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 are certainly not
30 apparent a. II Its prizes were to DO paid
In money, or 40 IL would DO II framed for
the purpose Of enticing the necessitous and
improvident into is hazards. But this
case cannot DO decided according TO
tho views 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 was Of
good or evil tendency, and certainly did
,,nk sotopl 60 aanfar that nnaaE nm tha
judicial tribunals. II IL were 10 be I'D.
mitted that the scheme 10 entirely harm.
less In Its consequences, IL would form no
ground for making 1t BY judicial con:
struction an exception TO the general and
absolute constitutional prohibition"
"The law knows no person 10 10 NO
made for tho individual man, but for men.
As the dew Of heaven falls, 30 IL bears
alike upon the just and unjust" Estate
vs.. Pierce, . New, SO4.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission TO Its
authority 10 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 tho 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 10 that tho
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 tho
statute. "to aid tho Nevada Benevolent
Association" approved March o, 1881
lstat., 1881. 1861; aud that the costs Of
this proceeding be taxed against them.
HAwLEY, ].
We concur LEONARD, @. J.
BELYNAp, j.