Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-07

| GASES In the United States 70 sustain the
position contsnded for by respondents ;
and that no argument has been advanced
by respondents, upon either Of these
| points, that has mot heretofore been de-
| cided adversely TO them by the Courts Of
| other Statest where the constitutional
| provisions are substantially the same -
| our own.
Il is proper to add that We have arrived
Il 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 sst on
foot purely for the purpose OF raising rev.
enue for the benefit OF the "Insane and
| Charitable Fund" Of this State, or whether
it belonged 70 that GLASS Of lotteries that
are made up Of pocunisry prizes and min
lister 10 the love Of gain ; whose schemes
address themselves In the grossest and
most revolving form directly 10 that sordid
passion, and 70 no other sentiment; where
the managers receive Q pecunisry proht
and enlist 80 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.
Il may be admitted for the purposes Of
this decision, ~ was argued by respon-
dents counsel, thstthe people OF this Stats
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 peo.
pie would result II this game OF chance
was allowed TO proceed.
This question 10 n that must be con.
sidered - settled by the adoption Of the
constitutional provision OK parte Darling,
recently decided
In the Art Union case, to which We have
frequently referred, IL was claimed that
the enterprise wa really Of . meritorious
character, and that IL differed, In this re-
spect, from tho 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 Is 10 contained In the Art Union
scheme, IL is not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs are certainly not
30 apparent % II its prizes were to DO paid
In money, or % 10 would be II framed for
the purpose OF enticing 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. The 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 II were TO DO I'd.
mitted that the scheme 10 entirely harm.
less In it, consequences, IL would form NO
ground for making 10 by judicial con
struction an exception 10 the general and
absolute constitutional prohibition"
"Tho law knows no person; IL ID no
made for tho individual man, but for men.
As the dew Of heaven falls, 10 IL bears
alike upon the just and unjust" lState
W.. Pierce, 8 New, 30Al
II smiles and frowns upon all alike. II
makes no distinctions. Bubmission 10 It's
authority Is incumbent upon all.
Third-It IL unnecessary 70 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 the views already expressed : 10
apparent that II would make no 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 be 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 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. 40 aid the Nevada benevolent
Association" approved March 0. 1881
Stat, 1881. 1861; and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur LEONARD, @. j.
n j.