Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-22

cases In the United States 70 sustain the
position COMMANDED 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 tho Courts OF
other States, where the constitutional
provisions are substantially the same -
our own.
II IA uroper 10 add that NO have arrived
A tho conclusion stated without consider
ing the question Of tho morality. or i'm.
morality Of this particular scheme. II
mskea no difference whether IL was set on
foot purely for the purpose Of raising rev.
onue 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
ister TO the love Of gain ; whose schemes
address themselves In the grossest M
most revolving form directly to that sordid
passion, and TO no other sentiment; whore
the managers receive Q pecuniary pront
and enlist ga corps OF active educe 70
draw the weak and unwary into the pur.
chase Of tickets" by extensive advertise
msnts containing brilliant pictures OF the
favorable chances 10 acquire sudden
wealth.
It may bs admitted for the purposes Of
this decision, - was argued BY rsspon-
dents counsel, that the people Of this State
are essentially . gambling people, ready
OF al times TO take the desperate chances
which lotteries afford, and that no In.
furious effects upon the morals Of the PEG.
pie would result II this game Of chance
was allowed 10 proceed.
This question 10 one that must DO CON.
sidered as settled by the adoption Of the
constitutional provision OK parte Darling,
recently decided.l
In the Art Union case, 10 which We have
frequently referred. IL was claimed that
the enterprise was really Of Q meritorious
character, and that Il differed, In this re-
spect, from the lotteries where the mana.
ayers were to receive the lions share OF
the profits. The Court, In answer to this
argument, said:
"Ifn no lotteries had existed excepting
such Is is contained In the Art Union
scheme, II 10 not probable that they would
have boon forbidden by tho Constitution
or by law. Ih mischiefs are certainly not
30 apparent % II It's prizes were to be paid
In money, or Is II would be II framed for
the purpose OF enticing the neoessitous and
improvident into Its hazards. But this
case cannot DO decided according TO
the views we may entertain OF tho probable
good or evil consequent upon the 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 the
judicial tribunals. II IL were 10 BIO I'd.
mitted that the scheme 10 entirely harm.
less In Its consequences, IL would form no
ground for making II by judicial con.
struction oil exception To the 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 IL bears
alike upon the just and unjust" Estate
W. Pierce, 8 New, 304.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission TO Its
authority Is incumbent upon all.
Third-It Ia 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 the views already expressed II 10
apparent that II would make no difference
whether respondents base their right to
act In the premises under the 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 10 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 tho
statute. "to aid the Nsvada Benevolent
Association" approved March Q. 1881
GStat., 1881. 1861 and that the costs Of
this proceeding DO taxed against them.
HAwLEY, ].
We concur: LEONARD, O. ].
BELxsAp, ].