Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-11

cases In the United States TO 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 de.
cided adversely 10 them by the Courts Of
other States, where tho constitutional
provisions are substantially the same q
our own.
II is proper to add that We have arrived
at the conclusion stated without consider
ing the question OF the morality. or i'm
morality Of this particular scheme. It
makes no difference whether u was set on
foot purely for the purpose Of raising rev.
enue for the benefit OF tho "Insane and
Charitable FUND.- Of this State, or whether
Il 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 the grossest and
most revolving form directly TO that sordid
passion, and to no other sentiment; where
the managers receive . pecunisry profit
and enlist ia corps OF active seducers 10
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. Is was srgued BY respon-
dents' counsel, that tho 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 the morals Of the peo-
ple would result II this game Of chance
was allowed to proceed.
This question is mi that must be con.
sidered as settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided
In the Art Union case, TO which we have
frequently referred, IL was claimed that
tho enterprise was really Of . meritorious
character, and that Il differed, In this 70.
spect, from the lotteries whore the mana.
ayers were TO receive tho lions share Of
tho profits. The Court, In answer to this
argument, said:
eli no lotteries had existed excepting
such as Is contained In the Art Union
scheme, II 10 not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
10 apparent as II Its prizes were to be paid
In money, or a. IL would DO II framed for
the purpose Of enticing 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 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
not intend TO confer that power on the
judicial tribunals. II 1t were to DO id.
mittod that the scheme IL entirely harm.
less in Its consequences, IL would form no
ground for making IL 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, 80 II bears
alike upon tho just and unjust" Estate
VI. Pierce. y New, 30i.
II smiles aud frowns upon all alike. 1t
makes NJ distinctions. Submission to Its
authority IL 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 II Is
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
the Act OF the Legislature. In either event
their Acts would DO without warrant Of
law.
Tho 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
tho scheme or enterprise Of the "Nevada
Benevolent Association" within this State,
or to do any Of tho acts specified In tho
statute. "to aid the Nevada Benevolent
Association" approved March o. 1881
Stat, 1881. 1861; aud that the costs Of
this proceeding DO taxed against them.
HAwLEY, j.
We concur: LEONARD, O. ].
BELKNAP. j.