Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-30

cases In the United States 10 sustain the
position commended for BY respondents
and thai 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 arc substantially the Same -
our own.
II Is proper To add that we have arrived
n the conclusion stated without consider
ing the question Of the morality, or i'm.
morality Of this particular scheme. It
makes no difference whether IL was set on
foot purely for the purpose Of raising rev.
enue for the benefit OF the "lnsane and
Charitable Fund" Of this State, or whether
Il belonged 70 that class OF lotteries that
are made up Of ~pecuniary prizes and min.
lister to the love Of gain ! whose schemes
address themselves In tho grossest n
most revolving form directly to that sordid
passion, and TO no other sentiment; whore
the managers receive . pecuniary pront
and enlist "a corps Of active seducers to
draw tho 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 tho PEG.
pie would result II this game Of chance
was allowed TO proceed.
This question 10 one that must be con.
sidered a. settled by the adoption Of the
constitutional provision lex psrte Darling,
recently decided
In the Art Union case, TO which we have
frequently referred, IL wa claimed that
the enterprise wa really Of Q meritorious
character, and that u differed, In this 70.
spect, from the lotteries where the mana.
ayers were 10 receive the lions share Of
the profits. The Court. In answer 10 this
argument, said:
"If no lotteries had existed excepting
such - Is contained In the Art Union
scheme, Il is not probable that they would
have been forbidden by the Constitution
or by law. Its mischisfs are certainly not
so apparent as II Its prizes were to DO paid
In money. or a. II would be 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 the scheme. Tho Constitution
took away the power Of determining
whether this OF any other lottery was OF
good or evil tendency, and certainly did
not intend to confer that power ON the
judicial tribunals. II II were to DO ad-
mitted that the scheme 10 entirely harm.
less In It's consequences, IL would form no
ground for making II by judicial con.
structlon an exception TO tho general and
absolute constitutional prohibition"
1.-THE law knows no person II 10 no
made for tho individual man. but for mon.
As the dew OF heaven falls, 20 IL bears
alike upon tho just and unjust" Estate
W. Pierce, 8 New, 30I.l
II smiles aud frowns upon all alike. II
makes no distinctions. Submission TO it,
authority is incumbent upon all.
Third-It IL unnecessary TO discuss any
OF the other points suggested by respon-
donts' council.
We will not presume. In advance, that
respondents intend TO violate the law.
From the views already expressed II 10
apparent that II would make nc difference
whether respondents base their right to
act In the premises under tho 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 IL 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 "Nevada
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute. "to 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, @. ].
BELKSAP, ].