Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-31

cases 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 do.
cided adversely TO them BY the Courts Of
other States, where the constitutional
provisions are substantially the Same -
our OWE.
It is proper to add that We have arrived
a the conclusion stated without consider
ing the question Of tho morality. or i'm.
morality OF this particular scheme. II
makes no difference whether II was set on
foot purely for the purpose Of raising rev.
enue for the benefit OF the "Insane and
Charitable Fund" OF this State, or whether
II belonged 10 that class Of lotteries that
arc made up Of pecunisry prizes and min
lister TO tho 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 Q pecuniary profit
and enlist 90 corps OF active seducers TO
draw the weak and uuvary into the pur.
chase Of tickets" BY extensive advertise
ments containing brilliant pictures Of the
favorable chances 10 acquire sudden
wealth.
! tmsy DO admitted for the purposes Of
this decision. - was argued BY respon.
dents counsel, thatthe people Of this State
are essentially . gambling people, ready
at all times 10 taks 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 - settled by the adoption OF the
constitutional provision OK parte Darling.
recently decided
In the Art Union case, 10 which We have
frequently referred, IL 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 70 this
argument, said:
"Ifn no lotteries had existed excepting
such a. IL contained In the Art Union
scheme, II is not probable that they would
have been forbidden by the Constitution
or by law. Its mischisfs are certainly not
30 apparent ~ II Its prizes were to be- paid
In money, or as u would be II framed for
the purpose Of enticing the neoessitous and
improvident into is 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 the scheme. Tho 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 were to DO I'd.
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 n
made for the individual man. but for men.
As the dew Of heaven falls, 30 IL bears
alike upon the just and unjust" Estate
W. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. II
makes NO distinctions. Submission 10 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 the law.
From tho views already expressed IL 10
apparent that IL 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 be 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
the scheme or enterprise Of the "Nevads
Benevolent Association" within this State,
or TO do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
Association" approved March g.. 1881
lstat.. 1881. 1861; and that the costs Of
this proceeding be taxed against them.
HAwLEY. j..
We concur: LEONARD, @. J.
J.