Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-23

Gases IN the United States 70 sustain The
position commanded 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 than BY the Courts OF
other States, where the constitutional
provisions are substantially the same ~
our own.
Il Is proper 10 add that We have arrived
n the conclusion stated without consider
Ing the question Of tho morality. or i'm
morality Of this particular scheme. It
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
Il belonged 70 that class Of lotteries that
arc mado up Of peouniary prizes end min
lister TO tho love Of gain ; whose schemes
address themselves In tho grossest and
most revolving form directly 70 that sordid
passion, and to NO other sentiment; where
the managers receive . pecuniary prons
and enlist "a 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.
II may DO admitted for the purposes Of
this decision, - was argued by respon.
dents counsel, that the people Of this State
are essentially . gambling people, ready
Ut all times to take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the peo-
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 WA 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 wero TO receive the lions share Of
the profits. The Court, In answer to this
argument, said:
"Ifn no lotteries had existed excepting
such a. 10 contained In the Art Union
scheme, IL IL 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 DO paid
In money, or ~ 10 would be II framed for
the purpose OF ehticing the necessitous and
improvident into It's 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 10 confer that power or tho
judicial tribunals. II IL were to be id.
mittod that the scheme IL entirely harm.
less In It's consequences, 1t would form no
ground for making II by judicial con.
struction an exception TO tho 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, 30 II bears
alike upon the just and unjust" tState
W. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. It
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 70 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 the provisions Of
tue 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 adver.
tise, print. circulate or sell any tickets In
the scheme or enterprise Of the Nevada
Benevolent Association" within this State,
or to do any Of tho acts specified In the
statute. "to aid tho Nevada Benevolent
Association" approved March 0, 1881
Stat. 1881, 1866 and that tho costs Of
HAwLEY, ].
We concur LEONARD, O. j.
BELKNAP. j.