Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-08

cases In the United States 10 sustain the
position commended for by respondents ;
and thai NO argument has BEEN advanced
BY respondents, upon either Of thess
points, that has not heretofore been do
cided adversely 70 them BY the Courts Of
other States, where the constitutional
provisions are substantially the same -
our own.
Il is proper TO add that We have arrived
at 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 set on
foot purely for the purpose Of raising rev.
enue for the benefit OF the "Inssne and
Charitable Fond" Of this State, or whether
IL belonged 10 that class Of lotteries that
are made up Of pccuniary prizes and min
lister TO 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
tho managers receive . pecunisry proht
and enlist " 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 b admitted for the purposes Of
this decision. - was argued BY respon-
dents' counsel, thatthe people Of this State
are essentially Q gambling people, ready
ct all times to take 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 ID q that must be con.
sidered as settled by the adoption Of the
constitutional provision lex parte Darling,
recently decided
In the Art Union case, TO which We have
frequently referred, Is was claimed that
the enterprise was really Of . msritorious
character, and that Il differed, In this 70.
spect, from the lotteries where the mana.
ayers were 10 receive tho lions share Of
the profits. The Court, In answer to this
argument, said:
"If no lotteries had existed excepting
such " 10 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 are certainly not
30 apparent - II Its prizes were to be paid
In money, or ~ IL would DO 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 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 IN the
judicial tribunals. II II were 70 DO adj
mitted that the scheme IL entirely harm.
less In Ito consequences, IL would form no
ground for making 1t BY judicial con.
~struction An exception TO The general and
absolute constitutional prohibition"
"The law knows 40 person ; IL 10 no
made for tho individual man, but for men.
As tho dew Of heaven falls, 20 IL bears
alike upon the Just and unjust" Estate
W. Pierce, 8 New. 30l.l
II smiles and frowns upon all alike. II
makes no distinctions. Submission 10 it,
authority IL incumbent upon al.
Third-It 10 unnecessary 10 discuss any
OF the other points suggested by respon.
dents' council.
We will not presume, In advance, that
IespUuucups iupcuu w viOihpo tuo lhWs
From tho views already expressed IL ID
apparent that II 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 be without warrant Of
law.
The 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, "to aid the Nevada Benevolent
Association." approved March 0. 1881
tStat., 1881, 1851; and that tho costs Of
this proceeding DO taxed against them.
HAwLEY, J.
We concur: LEONARD, @. ].
BELKNAP. j.