Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-06

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, whero the constitutional
provisions arc substantially the same -
our own.
II Is proper TO add that We have arrived
Al the conclusion stated without consider
ing the question Of tho 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.
enue for tho benefit Of the "Insane and
Charitable Fund" Of this State. or whether
It belonged to 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 10 no other sentiment where
the managers receive Q pecuniary profit
and enlist /" Q corps OF active seducers 10
draw the weak and unwary into the pur.
chase Of tickets" BY extensive advertise
msnts containing brilliant pictures Of the
favorable chances TO acquire sudden
wealth.
It may be admitted for the purposes Of
this decision, as was argued BY respon-
dents counsel, that the people Of this State
arc essentially . gambling people, ready
at 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 q that must be con.
sidered a. settled by the adoption Of the
constitutional provision lex pafts Darling,
recently decided.
In tho Art Union case, TO which We have
frequently referred, 10 was claimed that
the enterprise wa really Of . 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 answ 10 this
argument, said:
"If no lotteries had existed excepting
such - 10 contained In the Art Union
scheme, II IL not probable that they would
have been forbidden by the Constitution
or by law. Its mischiefs are certainly not
so apparent - II its prizes were to be paid
In money, or ~ IL would be II framed for
the purpose Of enticing the necessitous and
.improvident into Its 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 tho 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 we're TO bs I'd.
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 to the general and
absolute constitutional prohibition"
"The law knows no person I; IL 10 no
made for tho individual man, but for men.
As the dew Of heaven falls, 70 IL bears
alike upon tho Just aud unjust" Estate
vs.. Pierce, 8 New, 30i.I
II smiles and frowns upon all alike. II
makes NO distinctions. Submission TO Its
authority 10 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 II 10
apparent that IL would make no difference
whether respondents base their right TO
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 DO without warrant Of
law.
Tho judgment OF this Court IL 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, "to aid tho Nevada Benevolent
Association" approved March Q. 1881
Stat, 1881. 1861; and that the costs Of
HAwLEY, J.
We concur: LEONARD, @. ].
BELxNAP, ].