Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-15

| 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 dc.
| cided adversely 10 them by the Courts Of
| other States, where the constitutional
provisions arc substantially the Same %
our OWN
II Is proper to add that We have arrived
AZ the conclusion stated without consider
inc the question Of the morality, or i'm.
morality Of this particular scheme. II
makes no difference whether IL was set on
foot purely for the purpose OF raising rev.
| euue for tho benefit OF the "lnsane and
| Charitable Fund" OF this State. or whether
Il belonged 10 that class OF lotteries that
arc made up Of pecuniary prizes and min.
lister to tho love OF gain ; whose schemes
address themselves in the grossest .
most revolving form directly 10 that sordid
passion, and to no other sentiment; where
the managers receive . pecuniary pront
and enlist ga 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 be admitted for the purposes Of
this decision, - was argued by respon.
dents' counsel, that the people Of this State
are essentially . gambling people. ready
ut all times TO taks 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 to proceed.
This question 10 one that must DO on.
sidered a. 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 was really Of . moritorious
character, and that II differed, In this re-
spect, from the lotteries wbsro tho mana.
ayers wero to receive the lions share Of
tho profits. The Court, In answer TO this
argument, said:
"lfn NO lotteries had existed excepting
such rs Is contained In the Art Union
scheme. Il 10 not probable that they would
have been forbidden by the Constitution
or by law. It's mischiefs arc certainly not
so apparent as II Its prizes were to be paid
In money, or as IL 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 NO 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 we're to DO I'D.
mitted that the scheme Is entirely harm
less In It's consequences, 10 would form no
ground for making IL by judicial con.
struction an exception to tho general and
absolute constitutional prohibition"
"Tho law knows no person /; IL Is no
made for tho individual man, but for men.
As the dew Of heaven falls, 10 IL bears
alike upon the just and unjust" Estate
vs.. Pierce. . New, 30i.
1t smiles aud frowns upon all alike. It
makes no distinctions. Submission 10 It's
authority Is incumbent upon all.
Third-It 10 unnecessary 10 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 IL 10
apparent that 1t 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 Is that the
respondents have nc right. liberty. or
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 tho acts specified in the
statute, "to aid tho Nevada Benevolent
Association" approved March 0. 1881
Stat. 1881. 1866; and that tho costs Of
this proceeding be taxed against them.
HAwLEY, j.
We concur: LEONARD, @. j.
nrIuNAp