Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-25

| cases In the United States 10 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 10 them by the Courts Of
| other States,s- where the constitutional
provisionStfe substantially the same -
our own.
Il is proper TO add that We have arrived
Al the conclusion. stated without consider.
Ing tho question Of the morality. or i'm.
morality Of this particular scheme. II
makes NO difference whether u was cot 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 the grossest and
most revolving form directly TO that sordid
passion, and 70 no other sentiment whore
tho managers receive Q pecunisry proht
and enlist IS 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.
II may DO admitted for tho purposes Of
this decision, % was argued BY respon-
dents' counsel, that the people Of this State
are essentially . gambling people, ready
at 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 10 q that must DO con.
sidered Is settled by the adoption Of tho
constitutional provision lex parte Darling.
recently decided
In the Art Union case, TO which We have
frequently referred, IL was claimed that
the enterprise was really Of 0 meritorious
character, and that II differed, In this re-
spect, from the lotteries where the msna.
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 as IL contained In the Art Union
scheme, IL In not probable that they would
have been forbidden by tho Constitution
or by law. It's mischiefs are certainly not
30 apparent a. II its prizes were to be paid
In money, or ~ Il would be II framed for
the purpose Of enticing the neoessitous 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 tho 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 to confer that, power on tho
judicial tribunals. II II were 10 DO id.
mitted that the scheme 10 entirely harm
less In Its consequences, IL would form no
ground for making IL by judicial con.
struction an exception 10 the general and
absolute constitutional prohibition"
"The law knows no person /; IL 10 no
made for the individual man, but for men.
As tho dew Of heaven falls, 30 IL bears
alike upon the JUST and unjust" Estate
". Pierce, 8 New, 304.l
It smiles and frowns upon all alike. II
makes no distinctions. Submission to it,
authority Ii incumbent upon all.
Third-It y unnecessary 10 discuss any
OF tho other points suggested by respon-
dents' council.
We will not presume. In advance. that
respondents intend TO violate the law.
Prom tho views already expressed u 10
apparent that II would make no difference
whether respondents base their right 10
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 be without warrant Of
law.
The judgment Of this Court Is that the
~respOndeutx have no RIGHT. libertv. mr.
franchise. by virtue Of any law. 70 sdver.
tise, print, circulate or sell any tickets In
the scheme or enterprise Of the "Nevads
Benevolent Association" within this State,
or to do any Of the acts specified In the
statute. "to aid the Nevada Benevolent
association" approved March O.. 1881
Stat, 1881. 1861; and that the costs Of
this proceeding be taxed against them.
HAwLEY, ].
We concur LEONARD, @. ].
pvfvvAp