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THE EVENING NEWS
Wednesday. : maboh aa. iaaa " OUR LIVE BUSINESS MEN. ri»B AWAKE AD WHO TUUTI Tr i(7VMi| M-Ttat la t*m lifwiMN < All Wb* Ban Tried IL . AMUSEMENTS. Pi part' Opera House, Virginia City. BANKERS. Agency Narad* Bank of Baa Francisco, I 0 itrat, Virginia City. BROKERS. L. B. Frankel. Main a treat. Gold Hill. T. B. McOurn, 1M Sooth 0 afreet, Vlr> | gUia City. CLOTHING AND VUBN1SH1NQ GOODS. I Banner Bros., Corner 0 and Taylor | ■treat*. Virginia. CIOABS AND TOBACOO. D. Thorborn, oppoelta Nrera offloa, I Main ■ treat, Oold Hill. DBUOOIST8. Haabroock A Hall, Main a treat, Oold Hill, oppoelta Yellow Jacket engiae-hooae. John Jonee, Jr., Main street, Oold Hill. DENTIST. A. Chapman, ISO South 0 street, Vlr- I glnia City. FANCY OOODS. D.' Thorborn, Main a tree t. Oold Hill. I S. W. Cbubbuck, PoetoOoe a tore, Main street, Oold Hill. FOCNDBISS. Beoo Foundry, Bano, Andrew Fraeer, | proprietor. OBOCEB1E8, PROVISIONS, ETC. F. VT. Folsom, Main street, Oold Hill. I Biehard Mercer, Main atreet, Oold Hill. HOTELS AND BXSTACBANTS. Oold Hill Bakery and Beetaurant, Main atreet, Oold Hill; J. P. Becker, Pro prietor. City Bakery, 37 North C atreet, Virginia I City; FlUmeier A Armbrust, Propria HARDWARE. W. N. Hall A Co-, Main atreet, Oold | Hill. NEWS DEPOTS. S. W. Chubbuck, Poatofltoa store, Oold I Hill. PHYSICIANS AND SUBOEONS. Dr. J. U. Hall. Main atreet, Oold Hill. | SALOONS. Faahion, Main street, Oold Hill; S. B. | Turney, proprietor. WOOD AND COAL. Thomas Oallsgber, near railroad depot, Oold Hill. THE SUN FOR 1882. Tu Sea for ISfti will make iu fifteenth annual revolution under the present man agement, shining. as alwaja, for all, big and little, mean and gracioa*. contented and unhappy, Republican and Democratic, depraved and virtuous, intelligent and obtuae. The Sum'b light is for mankind and womankind of every sort; but its genial warmth ia for tha good, while it pour* hot discomfort on the blistering backs of the persistently wicked. Tib Sum of 1SG8 was a newspaper of a mw kind. It discsrdcd many of the forms and a multitude of the superflous words and phrases of ancient journalism. It undertook to report in a fresh, auccinct, unconventional way, all the news of the world, omitting no event of human in terest. and commenting upon affairs with the fearlessness of absolute independence. The success of this siperimeol was tho success of Tm Sum. It effected a per manent change in the style of American ■ewspapere. Every important journal established in this country in the dosen years past has been modeled after Tu Sum. Every Important journal already existing has been modified and bettered by the force of The Sun's example. The Sum of ltM'J will be the same oat spoken, truth-telling and interesting news liberal use of the means which an abundant prosperity affords, we shall make it better than ever before. We shall print all the news, putting it into readable shape, and measuring its importance, not by the traditional yard stick. but by its real interest to the people. Distance from Printing House Square is not the tlrst consideration with The 8cm. Whenever anything happens worth report ing we get the particulars, whether it nap peus in Brooklyn or Bokhara. In politics we have decided opinions; and are accustomcd to express them in language that can be understood. We aay what we think about men and events. That habit is the only sccret of Tub Sum's political course. Tmb Weebly Sum gathers into eight Ktbe best matter of the seven daily i. An Agricultural Department of unequaled merit, full market reports, and a liberal proportion of .literary, scientific, and domestio intelligence complete Tbb Wbbblt Scm, and make it the best news paper for the farmer's household that was evsr printed. Who does not know and read and like Tub Sumdat Sum. each number of which is a Ooloonda of interesting literature, with tho best poetry of the day. proee every line worth reading, news, humor matter enough to fill a good-siscd book, and infinitely more varied and entertain ing than any book, big or little ? If our idea of what a newspaper should bo pleases you, seniT for Tue Sum. Our terms are as follows: For the daily Sum. a four-page sheet of twenty-eight columns, the price by mail, post paid, is cents a month, or >6 50 a year; or. Including the Huuday paper, an eight-page sheet of fifty-six columns, the price is to cents psr month, or >7 70 a year, postage paid. The Sunday edition of Tiie Sum is also furnished separately at <1 a year, poet age paid. The price of The Weeblt Sum, eight pages, fifty-six cotumus. is $1 a year, post age paid. For clubs of tsn sending $10 we will send an extra copy free. Address I. W. ENGLAND. Publisher of Tbb Sum. New York City. NOTICE OF FORFEITURE. Tow* oy (kiui Hill, \ Coanty of IMorvy, mat* ur Xatada. J January X. IVM To Edwa>!> Iimit. aaeociate rntnrr in the South Jacket cilne. Gold Hill Mtntaa Dta Iflc». *tur»r county. Mtate of Nevada: Too in hereby aotldwl thu the under* Icnrd ha* performed and laid oot lb« annua] amount of work for l*it on lb* above claim reqalred by NcUm Ull Kevleed HUIUIn of Uw C'tlM Hteiee. and your pro rata »har* of aald work amount* to Thirty.ihre* Dollar* and Tblrtj. three Oanta (|U .13). And If wlthlu nlnrty data a fur thla notlca by publication yo« fail or »«m to contribute aaid amount your Interval ta aald claim will im forfeited and become tba tjr of lha ia been bar, under aald Heclloa ST" Hoil04 of forfeiture for work dam* on thla I claim for tba year l«T» waa pobllahed by John J jMlnined): X. J. GILLKT. JaJ sa T. O. addreea, Uold Bill. Iter. STOCK DIVIDEND. at a HKrrnio or tiik board or ** bteectore of tba Cantannlal 0ravel Gold Mining Company. held tbia Jar. a etock diet dand of thinjr ali and ona-half iSAHl par cant, waa declared, deliverable Immediately. Bt order of the Board of Dlraetora. _ „ „ „ FHA.NK A. WW*. Secretary. Gold Bill, Nevada, February », lw. f.w ms a weak in yosr own town. !• oatflt traa. iddraaa B. mum k ANNUAL REPORT or ik« frmiui t ik« BmH »f 1 Ik* Tm «f Wi To tba Taxpayers and Oitlssns of the Town of Gold 11 ill: In aeoordance with the requirements of tba Charier of the Town of Oold.HiU. I herewith anbmit a report of the financial litnation of Mid town for the year ending April 15,1881: xxcurrs rmox all bocxcxs. Llccntea, real estate taxes, per sonal property and bolllon taxsa—M. Kennedy $31,581 28 Delinquent taxea—J. P. Ftan ning ham 1,370 75 F. W. Folsom 30 00 L. T. Fox 5.000 00 a —— Total 930,853 03 On hand, Apr.,1890.1 1.319 33 By bonds. 10.000 00 By oouponi 9,495 00 By wamnti 14,990 17 By balaaoe 1.897 54-930,853 09 axotnrr or »omn upmd roi to mil 1980 urs 1891. Baal property 11,577,134 30 Paraonal property 34,015 00 Total .91,901.139 30 Taxea thereon at 1 V par cent. 930.014 34 Amount exempted by law and Board of Traateee 944 59 Amount charged to Town Marshal 919,300 65 Amount of delinquent tax roll delivered to Town At torney 91.335 87 Tenperoant delinquency.. 133 53 Total 91,488 80 Amount not sued for and withdrawn by order of the Board 9198 15 Amount collected with the 10 per cent, added 1,370 75 Total 91,408 90 Amount of Liceneee issued 910,388 50 Amount sold 99.387 39 Amount returned. 4,101 11 Total 910,398 50 Amount of Bullion Tax on product of mines 9379 53 TOWS BONDS CX.1CELXD. Nos. 103 and 104. issued August 14th, 1879 ; time, 1 year ; due August 14th, 1880; canceled August 14th, 1880. outstanding tows bonds. No. 100, amount 95000, due May 1st. 1881. Nos. 108 and 109, amount 910,000, due Au gust 14th, 1881. Nos. 105 and 109, amount 910,000, due November 1st. 1881. Amount of bonds 935,000 00 Interest due on same to April 15 th, 1881 535 00 ToUt *33.525 00 Id submitting my annual report, u re quired by law, I have deemed it proper that the taxpayer! and citisen* ihould be informed of tbe condition of tbe town and its financial (landing at the preeent time. Tbe finances of tbe town are la a very hraltby condition, considering tbo extreme dullness of boaineee tbe pact year. Tbe revenue from tbe different branches of business baa been steadily on the de creaae the paet year, and the Board of Trustees bare been governed in expendi tnree accordingly. Vive thooaand dollars of tbe town debt bavo been liquidated. In the different departments the greatest care have been taken by the Committees to have the running expenses of the town as low as they could possibly be made and satisfy tbe citiiens at large. Tbe water works tod everything con nected with them are in the very best of order. The Chief Engineer of the Fire Department has been very vigilant in look ing after tbe hydrants and mains, and keeping them in good oondition. The streets have been well attended to and kept in good order. The officers of tbo town have been faith ful and energetio in tbe discbarge of their duties. The police have been vigilant in guarding the interceta of tbo town and keeping away suspicions characters who are always watching for opportunities to practice their nefarious busiurss. Tbe Fire Department are deeerving of much praise for tbe able and efficient man ner in which they have acquitted them selves on all occasions when their servloes wore required. I trust the people of Oold Hill will continue to have their Interests guarded in the future by as an efficient body of firemen aa those who have guarded them in tbe past. In oonclusion, I wonld say that our duties as a Board of Town Trustees will soon be at an end. Tbe people of Oold Hill are soon to bavo a change of govern ment, the last Legislature disincorporating the town and passing the Consolidation bill, by which the city of Virginia and tbo town of Oold Hill have been consoli dated with the eounty of Htorey in one government. It was the opinion of those advocating the measure that the luU-reets of all concerned would be furthered by having one government instead of three. As it is bnt an experiment, it remains to be seen what advantage*, if any. will be gained to tbo business portion of the town by the change. It will, in my estimation, be found necessary by tbo incoming ad ministration to exercise the greatest dis cretion in the management of affairs for the coming year. The revenue from taxablo property will be very much lea* than what it was last year, and ia likely to continue decreasing unless some developments in the mines would give a new aspect to affairs. I sincerely thank tbo members of the Doard for tbe very able manner in which they have assisted me in tbe management of town affairs. Being compelled by other business to absent myself a good deal from tbe town and from the meetings of the Board, I feel grateful tor tho indulgent spirit manifested toward me by the mem bers. In closing your labora you can feel a Just pride within yourselves that yon have bad at all times the beet intereete of tbe town at heart. Your labors have been arduous and without compensation, only such as yon must all feel within yourselves —that gratifying reminder that as publio servants you have performed tho duties incumbent upon you and have proved yourselves deeerving the confidence of tbe people of Oold Hill. L. T. Fox, President of the Board of Trustees. NOTICE OF FORFEITURE. Town or Oou> Bill. Count) of Storey, Bute of 1 February 24. ltM. Nevada, To Fiur nmau and Oaoaui Mauri*, a*. niruit owtxro in lb* Margaretta Uold and Silver Mining Claim. Uoi t Illll Mining bUtrtrt. Starry county, Stair of Nevada: Notice la brreby given to tba following per iom, locator* and pocbeenre of tba MARUAR KTTAOOLD AM) SILVER MINING CLAIM, eltuated and bring la 8lorry county, Nevada, and In («o!d Illll Mlalag Dlatrlcl: FKLIP RAMIREZ. JUSKPH FaRRHTS, locAtora of Mid claim and QCORUK MARTIN, pur cbawr of aald claim, that JOdlPB FAK RITTS. aa on* of tha locator* of raid claim, to protect hU Interval la aald claim, canard work to br dona on aald claim to tba amoant of Two Handrvd Dollar*, and paid lor lbs lane. Tba pro rata amoant a to eacb of tba aboro-mentlonrd partita, to wit: Joarpb f ar rrtta, 9» for two yaara: Fallp Ramirez, $33 40 for two year*; Oeorga Martin. HU to for two nam. Tbla la a notloa for aald rallp Ramlrra and Uaorg* Martin to pay Joarpb » arietta tba amont azpawdad by him oa aald claim, aa art ' P. O. add rare. Oold Hill, Nerada. February MUt, A. D. HO. M W TOWN TRUSTEES. ! riMl iHUif — liparto mt Tm OSNK-lMkl, IMW, **«., !• be Taritd Over to Ike OmiIj owMriUMw mm< mi The final meeting of the Bond of Traateee ol the town of Gold Hill «u held yeaterday afternoon. Preaent— Traeteei Dancby, Lemery, MoCnrdy and President (pro tern.) Meroer. The minutea of the prarioaa meeting were approved aa read. The different atanding oommitteee re ported everything in the beet oonditlon. The atreeta were in good repair. The Committee on Fire and Water re ported the mains, hydrants, tanka and everything connected with the water works in good oonditioa. Tha regular monthly bills, amounting to 91088, ware, on motion, ordered paid. Tba following bills, referred to the Finance Committee and found oorreot, were, on motion, ordered paid: J. B. Gannon, $8 40; B. Meroer, 98 80; W. N. Hall k Co., 911 60; D. Thorbarn, 38c; W. Hall, 98 80. On motion, it waa ordered that the olficiala be paid tbeir aaiariea np to and including May 2d, 1881. The Street Committee reported that come parties had built a fenoe on D street, near the Dayton toll road, on ground purchased by the town, and wished to eall the attention of the Coun ty Commissioners to the subjeot. The following quarterly reports from town offloera were read and ordered to take the usual courae: axroBT or tow* tuasubxx. To the Honorable Board of Trusteee of the Town of Oold Hill—Oentlemen: I herewith aabmlt my report for the quarter to date, Hay 3, 1881: Dr. Jannary 31, 1881, balanoe on hand 9 4,161 31 To M. Kennedy 1,870 00 To i. P. Flannlngham B 78 Total 9 8,838 98 Or. By warrants 9 3,139 03 By ooupons 760 00 By balance 1,357 93 Total 9 6.838 96 Balance on band Hay 3,1881...$ 1,937 93 Kee pea tf ally, O. H. Gallup, Town Treasurer. TOWN KABJHAL'f EXPORT. To the Preaident and Hon. Board of TrnatcMof the Town of Oold Hill— Gen tlemen : The following U my report of the buaineaa done in my office for the quarter ending April 30,1881: Or. To licenaea aold $1,639 64 To proceeds of mines 147 36 Total $1,670 00 Or. By amount pud Treasurer 11,670 00 Number of arrests: Aaaault and battery 4 Assault to kill 1 Opium smoking 4 Soliciting without lioente 2 Diaturbing peace 1 Total 13 By Marshal Kennedy .775 By Offioer Sbeeban 7 By Officer Booney 1 By Kennedy and Bbeehan 1 ToUl 12 Repectfnlly. M. Ksx»u>r, Town Marshal. BtroBT or TOW* CLXBK. To the Honorable Board of Trniteea of the Town of Oold Hill—Gentlemen : The following ia my report for the quarter ending April 30, 1881: Amount of warrants issued $3503 78 I acroaT or towh attobxiy. To the Honorablo. the Board of Trustees of the Town of Gold Hill—Gentlemon: I herewith submit my final report of all moneys collected by me as Town Attorney for the year ending the first Monday in May, A. D. 1881, as follows: Delinquent taxes as charged to me, per asaeament roll $1,336 87 Ten per cent, delinquency 133 63 Total $1,468 00 | Not aued by order of the Board, and withdrawn from salo 198 15 | Paid to Treasurer as per receipts on file with Town Clerk $1,370 75 | Total $1,468 90 | Respectfully, J. P. Flaxxixobav, Town Attorney. cmxr xxaixxxx'a nr.roRT.' Gold Hill, May 1,1881. To tbe President and Members of tbe Board of Town Truitee*—Qentlemeu: I liaro tbe bonor to report tbe following rename of tbo Fire Department for the put year: Number of Are alarmi, 26; number of Area 33; estimated value of property deatroyed, $25,000; lniured for $.17,000. In tbe majority of caaea tbo cauae of'flro could not bo ascertained. The number of enrolled members of the Department ia aa foiiowa: Liberty En cine Company No. 1, 38; Yellow Jacket Engine Company No. 3, SO; Llnooln lloao Company Nu. 3, 17. There are also two active boee companiea not enrolled, who bare rendered very great eervion. Number of hydrants, 37; number of feet of rubber hose, 3GOO; number of feet of leather hoae, G30; number of boee car riages, 3; number of parade hat fronts, 3; number of parade belts, 7; number of pa rade trumpets, 3; number of eervioe trum pets. 3. I bars tbo pleasure of stating that tbe entire department and apparatus are in an efficient and eervioeable state. Ilespecfully eubmitted. Nick Skxtox, Ghlof Engineer O. H. F. D. On motion of Trustee Daneby it was ordered that all moneys, books and pa pers belonging to tbe town of Oold Hill be banded over,to the County Commis sioners as soon as the Treasnrer oan fix bis books and all warrants allowed at tbia meeting an paid. Alio, it waa or dered that tba Town Marshal, Clerk and Attorney tarn over all booka and papers in their possession belonging to the town to tbe Connty Commissioners. Trustee Mercer and Clerk Byda were instrnoted to tranafer all tbo town prop erty (aa por inventory) to tha Connty Commissioner!. There being no other bnsinsss, Trus tee Daneby in a few appropriate remarks moved that a vota of tbanks be tandered to Preaident Fox and Preaidant (pro tem) Metcer tor tba able manner in whieh tbey have preaided on all ooca sions. Trustee Mercer replied by laying that tbe nnlty of feeling wbieb baa existed at all timea among tba members of tba Board made tha duties of presiding officer light and pleaaant. Ha thanked tha members for this mark of ooortesj shown to Presldsnt Foz and hlmaelf, and hoped tbo good feeling now existing would oontinus to bind then together aa inaeparable frienda. The Board then adjourned sfas 4k, SUPREME COURT DECISION. (uxAxcuotm orciioN.] On the 19th day ot February, A. D. 1881, artiolee of Incorporation of the "Ne vada Benevolent Association" were filed in the offloe ot the County Clerk of Storey oounty. The obieot of the corporation being " to eatablish and carry on the businees of providing for and giving pub lio entertainment!, in the State of Nevada, of a mniical and scicntiQo character, to wll ticketa of admission to inch entertain* menu, and to pnrchaae, hold and dis tribute among the holder* of luch tickets peraonal property, real estate, choses in action and other valuable thingi, upon ■noh terms and oonditions and in such manner and at snch time* aa may be de termined by a Board of Managers to be selected for that purpose by the Board of Trustees ot this company." It is pro vided that so much of the prooeeds of said entertainments "aa may bo deemed proper by the Board of Trustees, but not leas than $90,000, from each entertainment,»r* to be plaoed in the State Treasury of the State of Nevada to be used only for mob charitable and benevolent punwees as may be determined by the Legislature of the BUM of Nevada/ The " Aot to Aid the Nevada Benevolent Association in aiding in providing means for the care and maintenance of the In sane ot Nevada, and for other charitable purpoeee" (approved March 9, 1881), de claree that "it ahail be lawful for the Ne vada Benevolent Association of the State of Nevada to give notexoeedingfive public entertainments or concerts; to sell tickets of admission to the same; to distribute among the holders of such tickets personal pioperty, real estate, things in aotion, de mands or other valuables, and to regnlate the distribution of all such property or gifts by rafiio or other schemes of like char acter." (Stat 1881,166, Seo. 1.) The information filed by the Attorney Oeneral allegea that respondents, as Trus tees of said association, are, without war rant of law, "advertising, printing, circulating and selling tickets for publio entertainments • • and that they " base their rights to advsrtiae, print, oir oulate and sell tickots for the said publio exhibition! or entertainments, and to pur chase, use, hold and distribute amongst the holders of such tiokets personal pro perty, real estate, choeee in action and other valuable things," upon the Act of the Legislature above referred to. The facta aet forth in the information are admitted by respondents to be true. Are the acta of reepondenta without war IMil V* l«lf I I* the Act of the Legislature, approved March 0,1881, constitutional ? First—Is the ichemo or enterprise in wbioh the " Nevada Benevolent Assoola tion " is engaged a lottery ? Thia que*tion la answered In the affirma tive by the decision of thia Conrt in tx parti lilanchard, 8 Nev., 104. Ia that de cision our root? It certainly ia. It ia ens taired by every decision that baa been rendored by the various oonrts in tbo United Btatea upon this question. Notwithstanding this fact, we are now earnestly aaked to declare that the musical entertainment wbieb the Nevada Benevo lent Association proposes to givo is not a lottery. Why not? What is a lottery? Every scheme for the distribution of prises by chance is a lottery. (Qovernor'sof the Almshouse of New York vs. Americ«i Art Union, 7 N. Y.„ 239; Dnnn vi. The Poo plo, 40 Ills., 467 ; Bute vs. Bhorts, 32 N. J.: L., 401; Itandle vs. State, 42 Tax., 585 ; Chavannah vs. State, 49 Ala., 396; Commonwealth vs. Manderfleld, 8 Phil., 439 ; United Btatea vs. Olney, 1 Abb., U. B., 279.) A lottery ia a game of baxard in which small sums are ventured for the chance of obtaining greater. (Bell vs. State, S Bneod., 509.) " A oontrlvance for tbo distribution of prlxea by cbauoe; a rolianco upon tbo results of baxard ; a docisiou of the values of tbo adventurer's inveatment of tbo favors of fortune" la a lottery. (Wooden vs. Bhotwell, 4 Zab., 793.) " Where a pecuniary consideration ia paid, and it is determined by lot or chanoo. according to aome scheme held out to the public what the party who pava the money Ii to have for it, or whether uo is to have anything, it is a lottery." (Btata vs. Clarke, 33 N. II., 333; Hull va. Ituggles, 6C N. Y., 427.) ••••••• It makea no difference what name is given to tlie echeme. When the element of chance enters into the distribution of prices it is a lottery, without reference to tbo namo by which it <■ MUlVUi "lie may choose to call Lit builnua a gift Mle," laid tbo Court Id Dunn t«. Peo ple, supra, " bat it it none tbe 1cm a lot tery, and wo cannot permit blm to evade tbe penalties of tbe law by ao tranipareut a devloe a* a mere obange of name. If It differ* from ordinary lotteries tbe differ ence lie* chiefly in tbo fact tbat It is more artfully contrived to impoeo upon tbe ig norant and creduloni, and la, therefore, more tborongbly diiboneat and injurious to society." " Tbo name given to tbe procoss and tbo form of tbo machinery used to accomplish the object are not material, providodtbe subatanoe of tbe traqsaotlon is a distribu tion or disposition of property by lot." (8tate vs. Clarke, supra.) "Courts will not inquiro into tho name, but will determine the character of tbo scheme by the nature of the transaction or buslneas in which tbe partiee are en gagod." (llandlo vs. Btate, supra.) " The character of the schemo is in no wise changed by tbo charitable purpose expressed in Its title, nor by calling tbe drawings 'entertainraeuta or gift con oerts.' " (Ex parte Blanchard, supra.) " Tbe fact tbat no plan of distribution has been determined upon does not relievo the scheme of its character as a lottery." (Thomas vs. People, 69 Ills., 103.) " Nor is it material," said tho Court of Appeals in the American Art Union caso, " to the question iu band tbat the prices were not Known and designated when the tickets or chances wtre aul-acribed and paid for. The scheme in this respect is more objectionable tbaft a schome in which tbe prixee are previously fixed, becauso it affords less security to the subscribers tbat tbe cbanco purchased is worth the money psld for it." We are of opinion tbat the-facts stated in the artioles of incorporation, in the statutes, and in tbe information, show that the scbomo is one whereby tbe Legislature of this Htate, in consideration of tbe sum of $360,000, to be plaoed in tbe Btate Treasury, to the credit of tbo " Insane and Charitable Fund," attempted to autborlxo the managers of the " Nevada Benevolent Association " to enrich their own pockets, at tbe expense of the people of this and other States, by holding out promises of the great and sodden gains tbat might be acquired by tbe ticket holder*; that golden price* would be " tbe lure to In cite tho erodulout and unsuspecting Into this scheme." In the light of all tho facts tbat have been presented it would bo abcurd to say that the managers of this scheme are sim ply prompted by deeds of charity and pure benevolenoe. •••••••• In tbe faoe and teeth of the decisions, which we have referred to, we cannot say that tbe scheme proposed by the "Ne vada Benevolent Aasoclation " is not a lottery. It baa the essential elements and attri butes of a lottery; the dlatributlon of prizes by cbanoe. It is a lottery within the defin ition given In the dlotionariea; It ii ft lot tery according to the ordinary acceptation of that word; it is a lottery within the terms specified by the Legislature of thla Btate in tbe "Act to prohibit .lotteries " [Btat., 1878,186|; it is a lottery within the l meaning of that word as uaed in the Con stitution. Second—Is the Act approved March 9, 1881, constitutional? Thla qneation is aa clear and plain to i our minda aa the one already decided. It : will not admit of any reasonable donbt. Tbe language of the Conatitntion is ana- ' septible of bnt one meaning. There U no I room for conatrnction. Nothing npon ' which any real or aubstantlal argument 1 saab* based. ] " No lottery shall be authorised by this t State, nor shall the .sale of lottery tickets < be allowed." [Cooit., Art, IT. See. 24.] The Aot la qaeetion attempt* to anthor tn alottery, tad to allow the tale of lot* tery ticket* In thla State In direct viola tlon of the plain latter and ipirit of tbla prorlalon of the Oonatltntlon. It wonld be a perverilon of the language of the Con atltntlon to aay that the Aet U valid. Ileapondente, however, contend that the Oonitltotlon " doea not prohibit private lotteriee, and waa by ite framera Intended only to prevent the Legialatnre from in volving the State in a lyitom of pnblio lotteriee u a meana of raiaing money for the eervice of the State," or, in other worda, that thla oonatitntional proviaion wu only intended aa a limitation of power to prevent the State, aa a State, from en gaging in pnblio lotteriea for the pnrpoee of raiaing meana for the general revenue of the State. Henoe they elaim that the Bute haa the right to authorise private partiei to condnot and oarry on a lottery of the character ipeclfled in the informa tlon. In inpport of thli podtion they refer to the debatei of the Conititutional Conven tion In California upon the adoption of ft proviiion In the Conttitntlon of thftt BUte tdentioftl with oar*. It 1* not clftimed thftt theee d* be tea hftre the weight of ft Judicial decUlen, bat thftt It U proper to examine them in mm of doabt u to the intention of the framera of the Constitu tion. The remftrk* of the different mem ber* ahed bat little light apon the real ?|ueatlon at laaua. They are u much in. avor of the poeition taken bj the Attorney General u they are in favor of the respon dent*. The debate* ahow that the Coniti tntion of New York wai referred to in dltcaning the proviiion that wai adopted in California. Mr. Halleok, who waa in favor of the adoption of the lottery pro vition, in the ooarae of hi* Argument, iftld: " In nearly all the new Conatita tion* yoa will And thi* olauie. It w*a not contained in the old Conititution, but in mo*t cue*, where they have been amended, it ha* been introdnoed. In the old Conititution of New York, to which referanco hu been made in the oourie of debate, no prohibition waa inierted. Many gentlemen preeent would remember the famout caae of Yatee and Melntyre, which involved not only individual! of the State In rain, bat wai the oeculon of ae rloui embarruiment to the State Govern ment Iteelf. The remit to cloarly eatab llibed the evlli of the lottery lyitem that the Convention of New York, in 1810, in ierted ft clauae in the very flrtt article of the new Cooititatlon [ice Beotlon 10] prohibiting lotteriei end the iftle of lot tery tlcketi. It eppeftred to him • * * that thli prohibition wai one of tbo beet that could be Inierted in the artlole limit ing the power* of the Legiilature." The language of the 10th Section of Ar ticle 1 of the Conititution of 1840, refer red to by Mr. Halleck la u follow*: "Nor ihall any lottery hereafter be authorized or any aale of lottery tlcketa allowed with in thii Bute." * In the Oovernora of the Almihouie va. Amerloan Art Union, aopra, it waa con tended by Charlee O'Connor, couniel for the Art Union, ai it la here, that the Con atitntlon waa only intended to prevent the mitchievoui practice of raiting ft revenue by public lotteriea, which had been for many yeart in full vigor both in England and in thli country, and that the problbl tlone of the Conititution were only directed againit thli particular evil. He referred to the fact, aa do couniel here, that "from 1709 to 1821 publlo lotteriea were aathor Izod at every eeailon of Parliament." He alio referred to the debatei of the Coniti tutlonal Convention of 1831, for the pur poae of ihowlng that " public lotteriea for pecuniary prixea at a meant of raiting revenue were alone within tbo oontempla tion of that body." The Conititution of 1831 it in theae word*: "No lottery ahall hereafter bo authorized in this State, tnd the Legii lature thall paat lawito proventthe tale of all lottery tlcketa within thli State except in lotteriea already provided for by law." The Court of Appealt In referring to tbla Couititutlon, whioh it deelired to be iub itantlally the lame aa the Conititution of 1840, taid: "Thlt prohibition It general. It mutt be held to embrace all lotteriea, unloea there be lome very clever and aatli factory reaaon for nnderatandlng It in ft moro limited tenie. It wu urged upon the ftrgument thftt pabllo lotteriea for pe cuniary prlxee aa ft meana of raiting rev enue were alone within the contemplation of tho framert of the Conititution. l)ut lotteriei have never been created within thli State for the purpoie of general rev enue, and there li therefore no ground for believing that tho prohibition waa in tended to bo limited to lotteriea for that object. Thli would have been reetralning a nilichlef which did not exiit, and toler ating that wbloh did. Lotteriea had been authorized by the Legiilature for the beno flt of oollege*, for the making of roada, for the building of bridgea, for the Improve ment of ferriee, for tho erection of hot pital*. and for varlona other purpoiei equally commendable and beneficial. All theae were clearly within the prohibition. The prohibition waa not aimed at the ob ject! for whioh lotteriea had been author ized, but tt thftt particular mode of accom pllihlng lucb object*. It waa founded on the moral principle that evil abonW not be done that good might follow, and upon the mora oogant practical reaaon that the ovil conicquent on thia pernlcloaa kind of gambling greatly overbalanced In the aggregate any good likely to reiult from It. Tho promotion of tho flue arte la un doubtedly a commendftblo object, bnt the prohibition contain! no exoeption in iti favor on that gronnd. • • • • • The intention of the framera of the Con atitntion undoubtedly wu to forbid tbe future granting of any inch lotteriea aa had at any time previously been author ized by law, and oy requiring the Legii lature to paaa lawa to prevent tbe ■*!• of ftll lottery tlcketa, to pnt an and to all aacb dlitrlbationi of money or goodi by lot or cliinoe aa had theretoforo been for bidden by itatnte under the name of priYftlO lUlteriM. The argument thai the words " by this Btsto " were inserted (or the purpose of preventing tbo Legislature from suthorls lag publlo lotUrlei u a meant of raising revenue, and that th« proTiilon waa not intended to prevent the Legltlaturo from authorizing private lotteriee, ii wholly un tenable. No authority hu been produced in its support snd wo an satisfied that nono can be found. In conatrulng this provision of the Con stitution the last sentenoo is as important as the first. It the frsmers of the Constitution bad Intended by tbo use of tbo words: " No lottery shall be authorised by this State," to only limit the legislative power to pub llo lotteries, conducted and managed solely by the State for the purpose of raising revenue, they would not have used tbo lsngusge they did In the concluding sen tence, " Nor shall tba jalo of lottery tick ets bo allowod." These words clearly show that it was not intended that any lottery should be authorised by this State for any purpose. The words " by this Bute," as used in our Constitution, and the words " In this Bute," "or within this BUU." as used In the Constitutions of New York, have virtually the same meaning. " No lottery shall be authorised by this BUte, nor shall the sale of lottery tickets bo allowed." This Unguage applies to all lotteries, whether publio or private. To lotteries sonductedby tbo Bute: by the oburoh; by private IndividuaU; by benevolent and ibarluble associations, and by corpora tions. No lottery of any kind can be author sed by the Legislature under the present 3onstltution. • ••••••• Wo again repeat what, It seems to us, oust be evident to every unbiased and im partial mind, that the language of the wnatltutlonal provision U too plain for argument. That under it the Legislature labnot authorise any lottery in this Bute, ind that the Aot approved March 9,1881, a null and void. We ar» conscious of the (set that It was inneoeaeary to add anything to the reason ng of this Court in u paru B "nohard rhlcb Is, of itself, absolutely cMeluslve • ipon both of the points we have disouseed. Jut it has been attempted, by a desire ipon our part, to show that bo authority j ©uld be fraud In any of the adjudicated win la the United Btatsa to suetaln tba poeitlon oontended (or by respondents: and that no argument baa bean adranoed by reepondenta, upon either . of three point*, that baa not heretofore been da* olded adversely to them by the Oonrta of other Btatea, where the oonetltntional proviilona are inbetantlally the lame u onr own. It la proper to add that we have arrived at the ooneloaion stated without oonsldsr ing the question of the morality, or im morality of thia particular eobeme. It makee no differenoe whether it waa eet on foot purely for the purpoee of railing rev enue for the benefit of the " Ineane and Charitable Fund" of thia Bute, or whether it belonged to that claea of lotteriee that are made up of pecuniary priiee and min uter to the love of gain; wboee eehemee addreee themselvee in the groeaeet and moat revolting form dlreotly to that eordid paaalon, and to no other aentiment; where the mauagera receive a pecuniary profit and enllat" a corps of aetlve eeduoere to draw the weak and unwary into the par ehase of tlekete " by eiteneive advertlte mente containing brilliant pleturee of the favorable chanoea to aoqnlre audden wealth. It may be admitted for the purpoeee of tble deelilon, aa wu argued by reepon dent*' oouneel, that the people of thia State are eeeentlally a gambling people, ready at all timee to take the deeperate chancea which lotteriee afford, and that no In Jurloue effeeta upon the morale of the peo ple would reeult if thie game of ehanoa wae allowed to proceed. Tble queetion ie one that must be con eidered u Mttled by the adoption of the constitutional provision [ex parte Darling, recently decided. J In the Art Union cam, to which wt bav# frequently referred, It «u claimed that tbo enterprise wm really of a meritoriooi character, and that it differed, in thU re ■pect, from the lotteriee where the mana agere were to receive the lion'a (hare of the profit*. The Court, In utawer to thia argument, old: "Ifno lotteries bad existed ezoepting inch u ii contained in the Art Union eeheme, it ia not probable that they woald have been forbidden by the Constitution or by law. Ita miechiefe are oertainly not so apparent aa if ita prices were to be paid in money, or as it would be if framed for the purpose of entlolng the neoesaltooa and improvident into ita hazards. But thia case cannot be decided according to the vlows we may entertain of the probable good or evil consequent upon the execu tion of the scheme. The Constitution took awajr the power of determining whether this or any other lotterf was ef good or evil tendency, and oertainly did not intend to confer that power on tha judicial tribunals. If it were to b« ad mitted that the scheme is entirely barm leu in its consequenoef, it would form no ground for making it by judloial con struction an exception to tbo general and absolute constitutional prohibition." "The law knows no person; it la no made for tbo individual man, but for men. Aa tha dew of heaven falls, eo it bears alike upon the Juat and unjuat." [Htato vs. Fierce, 8 Nor., 304. J It smiles and frowns upon all alike. It makee no distinctions, bubmisslon to ita authority la incumbent upon all. Third—It la unnecessary to discuss any of the other polnta auggeated by res pen dente' oouooil. We will not presume, in advance, that respondents intend to violate the law. From tha vlawa already exprceeed It la apparent that it would make no difference whether respondents baae their right to act in the promises under the artlolea of incorporation or under the provlaiona of the Act of the Legislature. In either event their Acta would bo without warrant of law. The judgment of this Court ia that the respondents have no right, liberty, or franchise, by tlrtua of aoy law, to adver tise, print, circulate or aell any tloketa in the echemo or enterprise of tbe " Nevada Benevolent Association" within this State, or to do any of tha acta specified in the statute, "to aid the Nevada Benevolent Association," spprovad March 9, 1881 |Btat., 1881, 166); and that tha costs of this proceeding be taxed againat them. Hawlit, J. Wo concur: Leonakd, C. J. Bklkxaf, J. AN ORDINANCE. Te Amend Meetlon 3'J ef Aa Ordlasace T« Fix and Called a Messes Tax I'pon Cs'tals Tradee nnd Bselsree \S I bin the I'erparate • Imlt. of tha Tawa af Uold Uill, pa sard April tij mil BOABO OF COUNTY COMMIBIOH JL ers of Storey county do ordain: That Heetlon Si at An Ordinance to fix and Oollect a License Tax Upon Certain Tradsa and Buelness Within the Corporate Limits of lbs Town of Oold Hill, be and lbs sams Is hereby amended so as to rcsd ss follows: Krery per son or persons wbataover, wbo shall sell or offer io sell, deliver or offer to deliver, within tbs limits of lbs Town of Uold Bill, not a real dent ot said town, sad dolnf basinssa in aald town, nndsr a license July issued tbersfor, any goods, wares or merchandise of any character or description whatever, coming I rem w tboat tbe llmlta of Oold Bill, sball pay tberefor a quarterly license aa In (be following ecbsdnle: First Class-Monthly ssles or receipts of Ave thousand dollars and over, quarterly license seventy-five doll.rs. Second Class—Monthly receipts or salts from four to Sva thousand dollars, quarterly license fllty dollsis. Third Class-Monthly receipts or sales from three to four thousand dollars, quarterly license forty dollare. Fourth class—Monthly recelpta or ealae from two to three thousand dollars, quarterly license thirty dollare. Fifth Class—Monthly receipts or sslee from one to two thousand dollars, quarterly llcenss twenty dnllara. Stub Clasa -Monthly receipts or ealee under atboaiand dollars, quarterly Ucenae ten dol lars. Passed February 4th, 1811. Attest; J. A. MA1UMHT. Clerk. AN ORDINANCE. Ta Amend Hem lea Ferty-see af aa Ordl. Bases sf tha Taws af Held Hilt. Kb !tiled u Aa Ordlaaaes ts Fix sss Csl wt a l.iTraae las Hiss (arials rrsdae sad Maalssaa Wlthla lbs 4i*r» sarnie l.latu sf tbe Taws ot Usld Hill," Fseeaa Asrlt «3, 1&77. mna board of coubtt commission. A trs of Stony County, bevada, do ordain: Sao. 1. Section 41 of an Ordinance of the Town of Uold Illll. entitled an Ordinance "To &x and collect a license tax npoa certain tradss snd basinssa wltbln tba corporate llmlta of tbe Town or Oold 8111." paasad April M. 1IT7, la bereby amended so ss io read aa follow* I Bio. 41. Krery person or firm engaged In tbs tmsluees of manufacturing Wines. Cider, Soda, Barsspsrllls. Malt or Bpirttooas Liquors, Soap aud borax shsll pay quarterly, for license to carry on tbe same, seoordlng to bis or their sverags month'y sales ur teoeiple, aa In tba fol lowing schedule : First Clasa-Monthly salsa or reeetpta One Thousand Dollare and over, quarterly license Twenty-Ore Dollars. Second Olsse-Monthly salee or recelpta tlx hundred Dollars or over and undrr Use Thous and Dollars, quarterly license Twenty Dollars. Third Claaa—Monthly aalea or reoeipta under Six Hundred Dollars, quarterly license Fifteen Dollars. WM. WEBBER, 1 D. H. KRAaKH, J Ooamlttaa. Fused September 1Mb. J. A. Mahampt. Clerk. 14 ORDINANCE NO. 118. IK ORDINANCE ta for tba Utt tfTuii Real u< FihibiI Friiirtr wilbta tba Ttwi of Gold [Paaoad April IS, 1H1.] • itibb board or tbustkb or gold X Hill do ottUln: Bictiom 1. AD annua] ad nianm Ux of on* tnd on* qnartar par cantnm opon tba ralna of laxabla property wtlbla Iba Towii of OoMHUl la bar.br laried and dlraotadtoba eoUactad for' town pnrpoaaa upon tba aajaaaril of «U incb UiiWproj^rlT aada uxabla by ibt law jf mil xuu for Buta aad oooaly parpoaaa, in. :lndlnc tba oat pinnil' of tba niton. Hao. 1. Tbr uih lartad bjr taction 1 of tbli xdlaaaca. tad to ba miww and oolUctad la iceordaaoa wltn tbr prorliloni of aa ordloanoa niilUad." Aa Ordiataca to prorlda for tba Ian tnd ooUaettoa of uw oa raal and paraoaal wo party vtthla tba Town of Oold HUC paaaad tprtl 18. IMli and alao. aa ordlaaac* antltlad, ta ordlaaaca to prorlda for tba Una aad naacar of aacertalninf tba ralaaof tba Bat pro ■ada of mtnai fur tba pnrpoaa of taxation, aad o prorlda kr tba ooHaartoo of aaab taxaa. L. T. r OX, Wd«t of tba Board of Tnuta*a of tba Town flfQcuaui. THE IIBI6IVT BILL Jl.1V ACT I* M AM nUUK, "Ab let to Create a Board of CooBtj Comnlutonen la tbe Several Coiatlea of TkU State, aad to Deflae Their Dntlea aad Toweri." TJu Piepl* of tA« Slat* of Nnmda, rtpr+ unltd m Us SntaU and Antmkiy, d» tna*t at /tll*n t Btonov 1. Section (oar of Mid lot U hereby imndtd m m to md u follow*: "Section 4. If at aay time after tto final adjournmeat of • regular meeting tto bulnaaa of tto County (ball require a meeting of Um Board, a special meeting of tba aama may to ordered bj any mm* tor of tto Board. Tto order (ball to aa tertd on tto reoords of tto Board, and tto Olark iball give notioa of mob ipecial meeting aad tto tima ttoraof to any mam bar of tba Board not Joining in tto ordar." Bkotiom 3. Mo County Commiaaionar in tbla Btata atoll have power or privilege to mato any adranoa to any Indigent or in firm or other penon or peraona, except tba liok m a charity, under any pretest what ever, of any money, credit, aMnrity, mer chandise or other valuable, for any pur poaa, until the aama (ball bare been paaaed upon and allowed at a meeting of tto Board. Skotiox 8. No County Commiaaionar or Board of County Commlaaionan in thU State atoll have power to mato any appro priation or payment of any money, mer ehandiae or other valuable to any indigent poor, infirm, or oltor person or peraona, exoept tbe slob as a obarity, unlaea tto eama atoll bare been previously reoom mended as neoeeaary by two or mora prop erty-taxpayers of tto oounty. Tto recom mendation muat to in writing, and slgaed by two or mora property-taxpayers of tto oounty, and paaeed upon, aad payment authorised by tto Board of County Com miaaloaers at a meeting of tbe Board. Biotiom 4. No County Commiaaioner or Board of County Commiaalonera in this BUM dull have power to make any appro priation or payment of any money, mar chandlM er other valuable to any aick per ■on or persona, unleea the same shall bar* been previously recommended In writing u neoeaaary by a reaident of the county. Scctiox 0. No oialm of toy Commie eioner for payment, allowance or advance of any money, merchandise or other prop arty, to any indifenl poor, infirm or tick person or penoni, ahall be allowed or paid, anleee preeented and anthoriaed m provided in Sections 8 and 4 of this Act. Bkotiox 8. It (hall be the duty of the Board of Connty Commissioner* to keep on file in the County Clerk'a offloe all recommendations mentioned in Sections 8 and 4 of tbla Act, and the aame ahall be open to inapeetion to any raaldent of the oonnty. Bbotiok 7. If the Board of Commla •loners in any county in thla State, or any member of any Board, ahall violate any provlalona of thla Act, auch member or membere so violating ahall be deemed guilty of a miademeanor, and on oonvio tion thereof ahall be fined in any eum not exceeding one hundred dollars or leea than fifty dollara, and ahall be liable for any loaa, damage or ezpenae auatalned by tha county in eoneequenoe of auch violation. Section 8. Tbia Act to take effect in any oounty in thla State having polled more than fifteen hundred votes at the last dsn oral Election In 1880. Approved February 14,1881. Btatx or Nmst, Sacrotary'i Offioa. a I, J una Babcock, Saoratary of State of the SUU of Ntvada, do baraby oartlfy thtt tha foregoing ii a trna, fall tad oomct copy of tha original of an Aoi amendatory of and iupplementary to an Act antitlad, " An Aet to craate a Board of County Commitaionara in tba aerarai eoon tiee of thit State, and toda flna tbelr datiM and powara," on flla in my offloa. In vitnaaa wharaof, I hare barannto aat my band and afflxad tbo Oraat Baal of State. Dom at offloa In Carton City, Narada, tbU 7th *'j of March, A. D. 1881. [•xaIm J JABPXB BABCOCK, Pnbllabad by ordar of Board of Comnty Oomminionara of Storay oonnty. MATT. CANAVAN, Chairman. J. A. Milan, Clark. Wa oootinaa to aet at Bolidtera far fatesta. Secretary of State, PATENTS.