THE EVENING NEWS
Wednesday. : maboh aa. iaaa
" OUR LIVE BUSINESS MEN.
ri»B AWAKE AD
WHO TUUTI Tr
M-Ttat la t*m lifwiMN <
All Wb* Ban Tried IL .
Pi part' Opera House, Virginia City.
Agency Narad* Bank of Baa Francisco, I
0 itrat, Virginia City.
L. B. Frankel. Main a treat. Gold Hill.
T. B. McOurn, 1M Sooth 0 afreet, Vlr> |
CLOTHING AND VUBN1SH1NQ GOODS. I
Banner Bros., Corner 0 and Taylor |
CIOABS AND TOBACOO.
D. Thorborn, oppoelta Nrera offloa, I
Main ■ treat, Oold Hill.
Haabroock A Hall, Main a treat, Oold
Hill, oppoelta Yellow Jacket engiae-hooae.
John Jonee, Jr., Main street, Oold Hill.
A. Chapman, ISO South 0 street, Vlr- I
D.' Thorborn, Main a tree t. Oold Hill. I
S. W. Cbubbuck, PoetoOoe a tore, Main
street, Oold Hill.
Beoo Foundry, Bano, Andrew Fraeer, |
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
City Bakery, 37 North C atreet, Virginia I
City; FlUmeier A Armbrust, Propria
W. N. Hall A Co-, Main atreet, Oold |
S. W. Chubbuck, Poatofltoa store, Oold I
PHYSICIANS AND SUBOEONS.
Dr. J. U. Hall. Main atreet, Oold Hill. |
Faahion, Main street, Oold Hill; S. B. |
WOOD AND COAL.
Thomas Oallsgber, near railroad depot,
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.
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The Sum of ltM'J will be the same oat
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liberal use of the means which an
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peus in Brooklyn or Bokhara.
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Tub Sumdat Sum. each number of which
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If our idea of what a newspaper should
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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
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.
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
a weak in yosr own town.
!• oatflt traa. iddraaa B. mum k
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
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
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.
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
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, $8 40; B. Meroer, 98 80; W. N.
Hall k Co., 911 60; D. Thorbarn, 38c;
W. Hall, 98 80.
On motion, it waa ordered that the
olficiala be paid tbeir aaiariea np to and
including May 2d, 1881.
The Street Committee reported that
come parties had built a fenoe on D
street, near the Dayton toll road, on
ground purchased by the town, and
wished to eall the attention of the Coun
ty Commissioners to the subjeot.
The following quarterly reports from
town offloera were read and ordered to
take the usual courae:
axroBT or tow* tuasubxx.
To the Honorable Board of Trusteee of
the Town of Oold Hill—Oentlemen: I
herewith aabmlt my report for the quarter
to date, Hay 3, 1881:
Jannary 31, 1881, balanoe on
hand 9 4,161 31
To M. Kennedy 1,870 00
To i. P. Flannlngham B 78
Total 9 8,838 98
By warrants 9 3,139 03
By ooupons 760 00
By balance 1,357 93
Total 9 6.838 96
Balance on band Hay 3,1881...$ 1,937 93
Kee pea tf ally,
O. H. Gallup,
TOWN 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:
To licenaea aold $1,639 64
To proceeds of mines 147 36
Total $1,670 00
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
By Marshal Kennedy .775
By Offioer Sbeeban 7
By Officer Booney 1
By Kennedy and Bbeehan 1
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 |
J. P. Flaxxixobav,
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
I bars tbo pleasure of stating that tbe
entire department and apparatus are in an
efficient and eervioeable state.
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
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
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
The Board then adjourned sfas 4k,
SUPREME COURT DECISION.
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.
A lottery ia a game of baxard in which
small sums are ventured for the chance of
obtaining greater. (Bell vs. State, S
" 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
"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
" 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
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
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
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
Second—Is the Act approved March 9,
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
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
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
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
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
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
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
"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
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
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.
Wo concur: Leonakd, C. J.
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
Second Class—Monthly receipts or salts from
four to Sva thousand dollars, quarterly license
Third Class-Monthly receipts or sales from
three to four thousand dollars, quarterly license
Fourth class—Monthly recelpta or ealae from
two to three thousand dollars, quarterly license
Fifth Class—Monthly receipts or sslee from
one to two thousand dollars, quarterly llcenss
Stub Clasa -Monthly receipts or ealee under
atboaiand dollars, quarterly Ucenae ten dol
Passed February 4th, 1811.
Attest; J. A. MA1UMHT. Clerk.
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
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
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
THE IIBI6IVT BILL
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
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
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
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,
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,
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