Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-07

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 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 wc have arrived
at the conclusion stated without consider
ing the question OF tho morality. or i'm
morality Of this particular scheme. II
makes nc difference whether II was set on
foot purely for tho 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 mado 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 81 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.
It may DO admitted for the purposes Of
this decision. ~ was argued by respon.
dents counsel. thatthe people Of this State
are essentially Q gambling people, ready
st all times to take the desperate chances
which lotteries afford. and that NO In.
furious effects upon the morals Of the PEG.
ple would result II this game Of chance
was allowed to proceed.
This question 10 me that must be con.
sidered as settled by the adoption Of the
constitutional provision ex parte Darling,
recently decided
In the Art Union case, to which We have
frequently referred, 10 wa claimed that
the enterprise was really Of Q meritorious
character, and that IL differed, In this 70.
spoct, from the lotteries where the mana.
ayers were 10 receive tho lions share Of
the profits. The Court, In answer 10 this
argument, said:
"lf no lotteries had existed excepting
such as is contained In tho 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
30 apparent as II Its prizes were to be paid
In money, or as II would be II framed for
the purpose Of enticing the necessitous and
improvident into its hazards. But this
case cannot be decided according to
the views we may entertain Of the probable
good or evil consequent upon the execu.
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 10 confer that power on tho
judicial tribunals. II II were to be id.
mitted that the scheme 10 entirely harm.
less In its consequences, IL would form no
ground for making 1t by judicial con.
struction an exception TO the general and
absolute constitutional prohibition"
"The law knows no person /; IL 10 no
mado for tho individual man, but for men.
As the dew Of heaven falls, so IL bears
alike upon tho just and unjust" Estate
vs.. Pierce, 8 New, 90i.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission TO It's
authority 10 incumbent upon all.
Third-It Is unnecessary 10 discuss any
OF the other points suggested by respon.
deuts' 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 mako no difference
whether respondents base their right 10
act in the premises under tho articles Of
incorporation or under tho provisions OF
the Act Of the Legislature. In either event
their Acts would DO without warrant Of
law.
The judgment OF this Court Is that the
respondents have no right. liberty. OF
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 the
statute, "to aid tho Nevada Benevolent
Association" approved March o, 1881
lStat., 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, J.
We concur: LEONARD, @. ].
BELKSAP. ].