Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-03

cases In tho United States TO sustain tho
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 the constitutional
provisions are substantially tho same %
our own.
Il is proper 10 add that We have arrived
at the conclusion stated without consider
ing tho question Of the morality, or i'm.
morality Of this particular scheme. 1t
makes no difference whether II was set on
foot purely for tho purpose OF raising res.
enue for the benefit OF the "1nsane and
Charitable Fund" Of this State, or whether
II belonged to that class OF lotteries that
arc made up Of pecuniary prizes and min
lister TO the love Of gain /; whose schemes
address themselves In tho grossest and
most revolving form directly to that sordid
passion, and TO no other sentiment; where
the managers receive . pecuniary profit
and enlist 80 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.
II may be admitted for the purposes Of
this decision, as was srgued by respon-
dents' counsel, that the people Of this State
are essentially o 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 peo-
Pile would result II this game Of chance
was allowed to proceed.
This question Is one that must be con.
sidered Is settled by the adoption Of the
constitutional provision OK parte Darling,
recently decided.
In tho Art Union case, to which we have
frequently referred, IL was claimed that
tho enterprise was really Of . meritorious
character, and that II differed. In this 70.
.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. Its mischiefs are certainly not
so apparent as II Its prizes were to DO paid
In money, or IS IL would be II framed for
the purpose Of e~ntioing the necessitous and
improvident into Its hazards. But this
case cannot DO decided according to
the views wo may entertain OF the probable
good or evil consequent upon the cxecu.
ton Of tho scheme. The Constitution
took away tho 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 were to DO I'D.
mitted that the scheme Is entirely harm.
less In Its consequences. II would form NO
ground for making II by judicial con.
struction an exception to the general and
absolute constitutional prohibition"
"The law knows no person I; II 10 no
made for tho individual man, but for men.
As the dew Of heaven falls, 10 II bears
alike upon the just and unjust" lState
W. Pierce, 8 New, 304.l
It smiles and frowns upon all alike. II
makes no distinctions. Submission to Its
authority Is 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 tho law.
From the views already expressed IL 10
apparent that 1t would make no difference
whether respondents base their right to
act In the premises under the articles Of
incorporation or under tho provisions OF
tho Act Of the Legislature. In either event
their Acts would 10 without warrant Of
law. 81
The Judgment Of this Court Is 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 tho "Nevada
Benevolent Association" within this State,
or to do any Of the acts specified In tho
statute, "to aid the Nevada Benevolent
Association" approved March 0. 1881
Stat, 1881. 1861; and that the costs Of
this proceeding be taxed against them.
HAwLEY, j.
We concur LEONARD, O. j.
Y j.