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THE EVENING NEWS
FRIDAY. : : : : MARCH 94. 1883 OUR LIVE BUSINESS MEM. riM AWAKK AD1 WHO TM1VI TUUIT. ■w»-Pr»«M mm HimiiUt Wmt. I lav -That la tha t»>irtiaw al | lava TrM Ik AX U8EMENTB. Pi pert' Opera Houae, Virginia City. BANKERS. Agency Nevada Bank of San Franeiaoo, | 0 a tree t, Virginia City. brokers. L. B. Fraakel, Main atraat, Gold Hill. T. R. McOnrn, 1M South 0 atraat, Tlr> | ginia City. CLOTHING AND FURNISHINQ OOOD8. Buinar Broe., Corner 0 tad Taylor etreete, Virgiaia. CIQAR8 A$D TOBACCO. D. Thorbara, oppoaita Nm offloe, Main atraat. Ooid Hill. DBUOOISTS. Haabrouck A Hall, Main atraat, OoM Hill, oppoaita Yellow Jacket eagtae-bouae. j Jbu Joaee, Jr.. Main atraat. Oold Hill. DENTIST. A. Chapman, 180 Booth 0 atraat. Vir ginia City. FANCY OOOD8. D. Thorburn, Mala atraat, Oold Hill. 8. W. Chabbuck, Poetottoa atora, Main atraat. Ooid Hill. FOUNDRIES. Bano Foundry, Raao, Aadraw Fraaar, proprietor. OROCERIES, PROVISIONS, ETC. 7. W. Folaoaa, Main atraat, Oold HiU. Richard Maroar, Mala atraat, Oold HiU. HOTELS AND RESTAURANTS. Oold Hill Bakery tad IUetaurant, Mala atraat, Oold Hill; J. P. Backer, Pro prietor. City Bakery, 27 North 0 atraat, Vlrglala Oily; Fitamaiar A Armbroat. Propria lore. HARDWARE. W. N. Hall A Co-, Main atraat, Oold HU1. NEWS DEPOTS. S. W. Chabbuck, l'oaiottce atora, Oold HiU. PHYSICIANS AND 8UR0E0NS. Dr. J. U. Hall. Mala atraat, Oold HiU. SALOONS. Faahion, Main atraat, Oold HU1; S. B. Turney, proprietor. WOOD AND COAL. Thomaa Oallaghar, near railroad depot, OoM HiU. THE SUN FOR 1882. Th Sex for 1881 will make ita fifteenth annual revolution under the present nu agsment. shining. as always. (or all. big and little, mean and gracioua, contented and unhappy, Republican and Democratio, depraved and virtuous, intelligent and abtuae. The Sis'* ligbt it for mankind and womankind of every tort; bat it* genial warmth U for tbo good, whila it poor* hot dlacomfort on tbe blistering back* of tbe peraistently wicked. The Sex of 18C8 wat a newapaper of a new kind. It discarded many of tbe forma and a multitude of tbe superfloas words and pbrases of ancient Journalism. It undertook to report in a freab, auocinct, unconventional way, all tbe newa of tbe world, omitting no event of buman in terest. and commenting upon affaire witb tbe fearlessness of absolute independence. Tbe sucoess of this eiperiment waa tbe •ucceaa of Tn Hex. It effected a per* manent change in the style of American newspapers. Every important Journal established In this country in the doxen year* past has bean modeled after Turn Sux. Every important Journal already existing baa been modified and bettered by the force of Tib Sun'* example. Tub Si x of 1842 will be the same out* spokau, truth-telling and interne ting news • liberal use of tbe mean* which an abundant prosperity affords, we shall make it better than ever before. Wa a hall print all tbe news, putting it Into readable shape, and measuring its Importance, not by tbe traditional yard atiek, but by its real-interest to tbe people. Die lance from Printing House Square 1* not the drat consideration with T»b Sex. Whenever anything happena worth report ing we get the particulars, whether it nap p«oe in llrooklyn or Bokhara. In politic* we have decided opinion*; and are accustomed to express them in language that can be understood. Wa say what we think about men and eventa. That habit ia tbe only secret of Tub Sux'm pouum courso. The Weekly Sc.* gather* Into eight Ctea the beet matter of the seven daily ue*. An Agricultural Department of unequaled merit, full market report*, and a liberal proportion of literary. scientific, and domestio intelligence complete Tut Weekly ties, and make it the beat news paper for the farmer'* household that wa* ever printed. Who doe* not know and read and like Tmk Scxday 8uk. each number of which ia a Ooleonda of interesting literature, with the best poetry of the day. prose every line worth trading, new*, humor matter enough to 1111 a good-eiaed book, and infinitely more varied and entertain ing than any book, big or little? If our idea of what a newspaper should be please* you. send for Tub fir*. . Oar term* are a* follow*: For the daily 8c*. a four-page sheet of twenty-eight colnmns, the price by mail, poet paid, is H cents a month, or $# 50 a year; or, including the Sunday paper, an eight-page sheet of Ufty-sis columns, the prioe ia 63 ccnts per month, or $7 70 a year, postage paid. The Sunday edition of The Sen is also famished separately at It 'i0 a ysar, post age paid. The price of The Weeeli Sim. eight page*, fifty-six colnmns, is $1 a year, post age paid. For clabs of ten sending <10 wa wUl send an extra copy free. Address I. W. ENGLAND. Publisher of Tu Sirs. New York City. NOTICE OF FORFEITURE. Tow* nr Oou, Uiu., ) County of *tnrey, Mat. of Nevada.' _ 1 ISM J To *»"""> Kan at. a-ocni, „„„ „ 'j,. South Jacks* mloe. Uoid Utll Minis* Dis trict, •tor»t coouty. .state of N«sOa: Too are hereby Bonded tbti th. understated has performed ud laid oat the annul amount of work for Uftl on the sbove claim rsqolred by Heetlon lUi Revised Statute. of the tolled Slate*, aad your pro fata share of said work amouats to Thirty-ihive Dollars aad Thlrtt thre. Oats (t» 33) And If wlthla alaety day*after this nolle* by publication yoa fail or r*fase to (oatrtbute said amoaat roar interest la said claim will b* forfeited aad become the ype'ty of th* *ub*crib*r, under said Section KoUoe of forfeiture for work done on thl* claim for th* year t(T« was published by John Oeary. (Sliroed): X. J. QILLBT. JaJ tm f.O. address. Oold Bill. Its*. •TOOK DIVIDEND. AT A MKKTOta OF TIIK BOARD OF I Directors of th* Ceatannial Urarsl Oold Mining Company. held this day. a stock dlvi-1 d*ad of thirty-six aad ona-half |36H> par cent, ws* declared, deliverable Immediately. By order of the Board of Diieetoea. FBANK A. Wing, secretary. Oold Bill, Nevada. February M. MB. Mi ootft trie. AddlM* ■. tUlUt* * ANNUAL REPORT lk« rmMMl 1 Ik* mt Ik* Vmmm •/ «•»* I To the Tupirtn and CiUaeni of th# Town of Oold Hill: la accordance with Um requirement* of th* Charter of the Town of Oold Hill, I herewith eubmlt » report of the financial eitaation of uld town for the yew ending April IS, 1881: .sicum rmox all socbcm. Lieeneee, real eetate taxee, per property and bullion taxee—M. Kennedy 134,Ml 38 Delinquent taxee—J. P. Flan nrr.jham 1,370 75 F. W. Foleom 30 00 L.T. Fox 0,000 00 Total $30,852 03 manmmi. On hand.Apr.,1880.9 1.319 33 * By bonda. 10,000 00 By oonpooa 3,495 00 By warranto 14,380 17 By balance 1,847 54-830.853 03 AJtacxT or nornri >iwwi> fob to nana 1880 a» 1881. Beat property 91.877,194 80 Penonal property 34,015 00 Total 91.601,139 30 Tazea thereon at 1W per oeni. 930,014 34 Amount exempted by law and Board of Troateee 844 59 Amount charged to Town Marehal 919,389 85 Amount of delinquent tax roll delivered to Town At torney 91,835 87 Ten per cent, delinquency.. 133 53 Total 91.468 90 Amount not mad for tad withdrawn by order of th* Board $198 15 Amount collected with the 10 per ceut. added 1,370 78 ToUl $l,*68 90. Amount of Llcenaee issued to Town Marshal $10,388 60 Amount eold $6,287 39 Amount relumed. 4,101 11 ToUl $10,388 SO Amount of Bullion Tu on product of mine* $27963 toww Bonne caxcelxd. No*. 103 and 104. issued August 14th, 1879; time, 1 year; du* August 14th, 1880; canceled August 14th, 1880. OUT1TAJIOUIO TOWS HXM. No. 100, amount $6000, da* May 1*1,1881. No*. 108 and 109, amount $10,000, da* Au rut 14th, 1881. No*. 106 and 10$. amount $10,000, due November let, 1881. Amount of bond* $25,000 00 Interest due on tame to April 16th, 1881 525 00 Total $25,525 00 In submitting my annual report, a* re quired by law, I have deemed it proper that the taxpayer* and eitiaan* should bo informed of the condition of tbe town and it* financial standing at th* present time. The finance* of the town ar* in a very healthy condition, considering the eatreme dullness of busine** the paat year. Tbe revenue from the different branches of busine** ba* been steadily on the de crease the past year, and the Board of Trustee* have been governed in expendi ture* accordingly. Five thousand dollar* of th* town debt have been liquidated. In the different department* the greatest care have been taken by tbe Committee* to have the running expense* of the town as low as th*T could po**ibly be made and satisfy the citiiens at large. The water work* and everything con nected with them are in tbe very beet of order. The Chief Engineer of the Fire Department ha* been very vigilant in look ing after th* hydrant* and main*, and keeping them in good condition. Th* etreets have been well attended to and kept in good order. Tbe offioer* of th* town have been faith ful and energetie in the discharge of their dutle*. Th* police have been vigilant in guarding the intereeta of tbe town and keeping away suspicion* characters who are always watohiug for opportunities to practice their nefarious business. Th* Fir* Department are deeerving of much prai** for th* able and efficient man ner in which they have acquitted them selvee 00 all oocasions when their eervicee w*ra required. I trust the people of Gold Hill will continue to have their intereete guarded in tho future bv as an efficient body of firemen as those who hav* guarded IUCU1 1U »UO )>Hli In conclusion, I woald My that oar duttss as a Board of Town Trustees will ■ooo ba it in end. Tbe people of Oold Uill are soon to hsra a change of govern ment, tb« laat Legislature disincorporating tlio town and paaainf tbe Consolidation bill, by which the city of Virginia and the town of Oold Hill bar* been consoli dated with the county of Btoroy in one government. It was the opinion of those advocating the measure that the interests of all concerned would be furthered by having one government Instead of three. Aa it is but an experiment, it remains to be eern what advantagee, if any, will be gained to tbo business portion of the town by the change. It will, in my estimation, be found neceeeary by the incoming ad ministration to exercise the greatest dis cretion in the management of affairs for the coming year. The revenue from taxable property will be very muob lees than what it was last year, and is likely to continue decreasing unless some developmenta in the mines would fir* * »<•'* xpect to affaire. I aincerely thank the member* of the Board for the very able manner in which they have assisted me in the management of town affairs. Being compelled by other buainesa to absent myself a good deal from the town and from the meetings of the Board, I feel grateful for the indulgent spirit manifested toward me by the mem bers. In closing your labora you can feel a Just pride within yourselvee that yon have bad at all times the beat interests of the town at heart. Yonr labora have been arduous and without compensation, only such aa you muat all feel within yonrselvea —that gratifying reminder that aa public servants you have performed the duties incumbent upon you and have proved yourselvea deserving the oonfldenoe of the people of Oold Uill. It. T. Fox, Preeident of the Board of Trustee*. NOTICE OF FORFEITURE. Town or Gold Hill. J Count) of Storey, Mate of Nevada, - February 14. IKS. I To fuir Raman sad Otoaua Maims, aa. soelaie owners la lb« Margaretta Oold and Silver Mining Claim, Oold QUI Mining Imtrtct. Storey county. State of Nevada: Notice Is hereby given to the following per sons. locator* and pnehsswe of the MARUAR ETTA UOLD AND SILVER MINING CU1M, attaatad and belag In Storey eonaty. Nevada, and la Go!d QUI Mlalac District: KKLIP RAMIREZ. JOSEPH PaRRITTS, locator* or said claim, and OBOROR MARTIN, pur ckawr of tald claim, that JOSEPH FAK HKTTS. aa on* of the locator* of said claim, to protect hi* laterest la paid claim, earned wor k to bo duao oa aaM claim to the amount of Two Haadrsd Dollar*, aad paid lor tbe »eme. The pro rata amount as««s—d to *seh of the above-mentioned parties, to wit: Jossph Far retts, $M for two yaara: Fall* Ramlres, $33 40 for two y*ar*; Ueor** Mania. $11« N (or two year*. This la a noUes for said Fellp Ramlrrx aad Oeorge Martin to pay Joeeph »arr*tt*th* amout expended by him oa said claim, as set forth In said aotiee, on or before the Mtb dsy of MAT. A.D. im. The failure to pav said aasoast wtil cans* the Interest of said patties to revert to said Joeeph Farratts, at the expira tion ef atnety day*, as provided by an Aetof Quasi sss approved Mar Utt. A. D. lvn. (gSnsd): JOdEPH FAKRETTS. V * p. a eddrsee, Oold H1U, Nevada. February Mth. A. D. 1M. M TOWN TRUSTEES. riMl Ittilif — Itpvrti «r Tin Mnh-BnU, Hmtj. Ktc, •• fc« Tars ad Over t* UM OMiir C—IHw>n Bud Bja! The final meeting of the Board of Truateea of the town of Oold Hill was held yesterday afternoon. Preeent— Tfnatees Daachy, Lemery, UoCardy and President (pro tem.) Meroer. Tho minatea of thejjrerioua meeting were approved aa read. The different standing oommitteee re ported everything in the best oonditlon. The streets were in good repair. The Committee on Fire and Water re ported the mains, hydrants, tanks and everything connected with the water worka in good oondition. The regoiar monthly bills, amounting to 11086, wars, on motion, ordered paid. The following bills, referred to the Finance Committee and foand oorreot, were, on motion, ordered paid: J. B. Gagnon, 96 40; B. Meroer, 80; W. N. Hall ft Co.. 911 60; D. Tborburn, 38c; W. Hell, 96 SO. On motion, It was ordered that the officiate be paid their ealariss np to snd including May 2d, 1881. Ths Street Committee reported that aome partiee had bnilt a fence on D etreet, near the Dayton toll road, on groand parchaatd by the town, and wiahed to call the attention ot the Coun ty Commissioners to ths subject. The following quarterly reports from town offloere ware read and ordered to take the ueual oourae: uromr or tow* rasAausu. To the Honorable Board of TruiUee of tba Town of Qold Hill—Oentlemen : I herewith nubmit my report for the quarter to date, May 3.1881: Dr. Janoary 81, 1881, balanoe on hand\.. t 4,181 91 To M. Kennedy 1,870 00 To J. P. Flanningbam 8 78 Tottl $ 8.838 96 Or. By warrant* $ 8,130 03 By coupon* 750 00 By balance 1,(57 93 Total $ 5,838 90 Balance on hud May 9,1881.. .$ 1,987 93 Beipeetfally, O. H. Oallcp, Town Treaiurer. TOWX KAUKAL'l UNIT. To the Pmident and Hon. Board of Tra«t«M0f the Town of Oold HiII-Omj tlemen : The following U my report of the bnelneee done In my offloe for the Dr. To llceniea told $1,539 84 To proceed* of mlnea 147 86 Total $1,670 00 Or. By amonnt paid Treaaarer $1,670 00 Namber of arreeta: Aeaault and battery 4 A await to kill 1 Opium imokinf 4 Soliciting without lioenie 3 Oiatnrbing peace 1 Total ^19 By Martha! Kennedy 3 By Oflloer Sheehan 7 By Officer Koonry 1 By Kennedy and Hhoeban 1 Total 19 Kepectfully, M. Kknxedt. Town Marahal. BBfOBT or tows clxbx. To the Honorable Board of Trnit«M of tbo Town of Oold Hill—Oentlemeu : The following ia my report for the quarter endlnir April 30, 1881: Amount of warrant! leaned $3303 78 bxtobt or Town attobbbt. To tbe Honorable, the Board of Trnateee of the Town of Gold Hill—OeMlemen: I Herewith lubmit my final report of all money* oolleeted by me aa Town Attorney for the year ending the flrat Monday in Mar. A. D. 1881, aa followe: Delinquent taxee aa oharged to me, per aaaeement roll 91,333 87 Ten per cent, delinquency 183 63 Total 91,468 90 Not aued by order of tbe Board, and withdrawn from eale 198 15 Paid to Treaeurer aa per reoeipta on file with Town Clerk $1,370 75 Total 91,468 90 Reepectfully, J. P. FLANXIKOBAV, Town Attorney. emir ixonttu'a bxtobt. Oold Hill, May 1,1881. To tbe President and Member* of the Board of Town Trueteee—Oentlemen : I have the honor to report the following reeume of the Fire Department for tbe paat year: Number of Are alarm*, 26; number of lire* 32; eetimated value of properly deatroyed, 935,000; intured for $37,000. In the majority of oa*«a the eauae of fire could not be ascertained. Tbe number of enrolled member* of the Department i* aa follow*: Liberty En gine Company No. 1, 28; Yellow Jacket Engine Company No. 2, 30; Llnooln Hoee Company No. 3, 17. There are alto two active hoee companiea not enrolled, who ha*o rendered very great *ervioe. Number of hydrant*, 37; number of feet of rubber hoee. 3600; number of feet of leather hoee, 650; number of hoee car riage*, 3; number of parade hat front*, 8; number of parade belt*. 7; number of pa rade trumpeta, 3; number of aerviee trum pet*. 8. I havo tbe pleasure of itating that the entire department and apparatu* are in an efficient and aervioeable ttate. Ketpecfully inbmitted. Nick Sexton. Chief Engineer O. H. 7. D. On motlen of Truate* Danoby it waa ordered tbat all money*, booka and pa per* belonging to the town of Oold Hill b* handed over to tba County Gommia aionera a* soon aa tbe Treaaurer oan fix bia book* aod all warrant! allowed at tbla meeting are paid. Alao, It waa or dered tbat the Town Marabal, Clerk and Attorney tarn over all booka and papera in their poaeeaalon belonging to the town to tbe County Commiaalonera. Trustee Htrcer and Olark Hyde ware initruoted to tranafcr all tha town prop erty (aa per inventory) to tha County Commiaalonera. Thera being do other bnainaaa, Trua tae Dancby in a few appropriate remark* moved tbat a vote of thank* be tendered to Preaident Fox and Preeident (pro tem) Mercer for tha able manner in which they have prealded on all ooea alone. ' Troataa Mercer replied by Baying that tha nnity of feeling whieh baa axiatad at all timea among tha mambara of tha Board mada the dnliea of praaiding officer light and pleaaant. Ha thanked tha mambara for thia mark of oourt»*y •bown to Preaident Fox and himaalf, and hoped tba good feeling now exiating would oontinue to bind them together aa ina*parable friend*. Tha Board than adjonrnad *faw dfc I tUPREME COURT DECItlOH. [UXAXMOC* OKXIO*.] On the 19th day ot February, A. D. 1881, article* of incorporation of the "Ne vada Benevolent Assochtlon" were filed la tha offloe ot the Coan(r Clerk of Storey oounty. The obleot of the corporation being " to eetabllah wd carry on the bnstneee of providing fcr and giving pub lic entertainment*, in tbi Btateof Nevada, of a mniical and aciouiflo character, to ■ell tickeU ot admiuioqto aneh entertain* menta, and to purcbsie, hold and di» tribute among the holder* of inch tioketa pereonal property, real estate, eboeee in aotion and other valuable thing*, npon inch term* and conditions and ininoh manner and at *neh time* aa may be de termined by a Board ct Manager* to bo Mleetedfor that purpoie by the Board ot Traitee* of thi* oomp»ny." It i* pro vided that so much of tne proceed* of laid entertainment* "aa mv be deemed proper by the Board ot Tnutee*, bat not lew than $40,000, from each eitertainment, are to be plaoed In the State Treaiory ot the Staie ot Nevada to be naed only for mob charitable and beosvolsnt purposes a* may be determined by the Legislaturs of the State of Nevada. The " Aot to Aid the Nevada Benevolent Aaaoeiation la aiding in providing m*an* for the care and maintenance of the In tent of Nevada, and for other ebaritable pnrpoee*" (approved Maroh-9, 1881), de claree that "It ihail be lawful for the Ne vada Benevolent Aaaoeiation of the Btate of Nevada to give not eioeeding five poblie entertainment* or eoneerU; to *ell tickeU of admiaalon to tb* *am*; to diatribnte among the holder* ot inch tiok*t* personal property, real e*tate, things in aetion, de mand* or oth*r valuable*, and to regulate the dtatribntion of all anch property or gift* by raffle or other achemes of like char acter/' (But. 1881, 166, Seo. 1.) The Information filed by the Attorney General allegee that respondent*, aa Trua tee* of eaid aaaoeiation, are, without war rant of law, " advertlaing, printing, oiroulatlng and selling tioket* for publio entertainment* • • and that they " baae their rlghta to adrertiae, print, eir eulale and aell tioketa for the eaid publio exhibitiona or eutertainmenta, and to pur chase, nee, hold and diatribnte amongst the holder* of *uoh tioket* pertonal pro perty, real eaUte, choie* in action and other valuable thing*," npon the Act of the Legialatnre above referred to. The taote let forth ia tbo information are admitted by reepondente to be true. Are the acta of respondent* without war rant of law ? Ia the Aot of the Legialatnre, approved March 9,1881, constitutional? First—I* the scheme or enterprise in which the " Nevada Benevolent Aaaoeia tion " i* engtged a lottery 1 Thla question 1* anawered in the affirma tive by the decitlon of thlt Conrt in tx parti Blanchard, 0 Nev., 104. I* that de cision oorrect? It oertainly i*. It 1* sua t»ired by every decialon that haa boen rendered by the varion* conrt* in the United State* upon thi* quettion. Notwithstanding thia fact, we are now earnestly asked to deelare that the musical entertainment which the Nevada Benevo lent Aaaoeiation proposes to give is not a lottery. Why not? What ia a lottery? Every acbemo for the distribution of prixes by chance ia a lottery. (Governor'sof the Almshouse of New York v*. American Art Union, 7 N. I«, 239; Dnnn vt. Tho Peo ple, 40 III*., 467 ; Stale v*. Short*, 33 N. J.; L., 401; Handle vs. State, 42 Tel., 583 ; Cbavannah vs. State, 49 Ala., 396; Commonwealth va. Maudertleld, 8 Phil., 439: United Btatea vs. Olney, 1 Abb., U. s., ii7u:> A lottery la a game of hazard In which small lumi aro Ten lured for tho chance of obtaining greater. (Dell T*. Statu, fi Snood., 609.1 " A oontrlranco for tbo dlitribntlon of prlzoa by chance; a relianoo upon tbo roaulta of hazard ; a doolalon of tbo valuea of tbo adventurer'a investment of tbo faTon of fortnno" li a lottery. (Woodon ▼l. Shotwell, 4 Zab., 703.) " Wboro a pecuniary consideration ii paid, and it it Oetermlnod by lot or cbanoe, according to aomo scheme hold on* to tbo publlo wbat tbo party wbo pave tbo money la to havo for it, or whether bo li to bars anything, it la a lottery." (titato y«. Clarke, 83 N. H., 835; Hull to. Iluggles, 66 N. Y., 427.) ••••••• It make* no diffarenoo what name 1* given to tbo aobemo. When tho element of chance entera into the distribution of priiea it ia a lottery, without reference to the namo by wbieh it ia called. " Ho may chooee to call bla buaineaa a gift aale," aald the Court in Dunn va. Peo ple, aupra, " but it ia none tbo ieaa a lot tery, and wo cannot permit bim to evade the penaltica of the law by ao tram parent a dorico aa a mere change of name. If it differs from ordinary lotterita tbo differ enoo ilea chiefly in the fact that it ia more artfully contrived to impoao upon tbo ig norant and credulous, and ia, therefore, more thoroughly dlabonoat and injurioua to aociety." " The name given to the process and tbo form of tbo maehinery uaed to aocompliah the object are not material, provided the ■ubataooe of the traniaotion u a distribu tion or disposition of proporty by lot." (State vi. Clarke, aupra.) "Courta will not Inquire into the name, but will determine the character of the acbeme by tbo nature of tbe transaction or buaineaa in which the partiea are en gaged." (Handle va. State, aupra.) " The character df tbe acbeme ia in no wiae changed by tho charitable purpose expressed in lta title, nor by calling tbo drawinga 'ontertainroenta or gift con oerta.' (Ex parte Blancbard, aupra.) " Tbe fact that no plan of distribution haa been determined upon does not relieve tbe aobemo of 1U character aa a lottery." (Thomaa va. People, S9 Ilia., 1C3.) " Nor ia it material," aaid the Court of Appcala in the American Art Union caao, " to tbe question in hand that the priaoe were not known and designated when tbe tickets or chancea wero subscribed and paid for. Tbe scheme in this respect ia more objectionablo than a acbeme in which tbe prices are previously flxed, beoaaae it affords lets security to tbo subscriber* that tbo chanoe purchased ia worth tbo money paid for it-'" We are of opinion that tbe facta stated in tbo artiolea of incorporation, in tbe atatntea, and in the information, show that the schome ia one whereby tbe Legislators of tbia State, in consideration of tbe aum of 9230,000, to be placed in tbe State Treasury, to tbo credit of tbo " Inaane and Charitable Fund," attempted to authorize the managers of the " Nevada Benevolent Association " to enrich their own pocketa, at tbe expenae of tbe people of tbia and other Statea, by holding out promises of tbo great and andden gains that might be acquired by tho ticket holdera; that golden prize* would bo " tbo lure to in cite tho ereduloua and nnauspecting into this scheme." In tbo light of all tbo facta that havo boon presented it would bo absurd to *ay that the man age ra of tbia scheme are aim ply prompted by deeds of charity and pure benovolenoe. •••••••• In tbe fao* and teeth of the declalona, wbioh we havo referred to, we oannot aay that the acbeme propoeed by the "Ne vada Benevolent Aaaoclation" ia not a loiierj. It hM the MMDtial olemonU tod tttri bntet of ft lottery; the dlitriboHon of prlic* by ebftDM. It i* ft lottery within the defln itipn given in tbe dictionaries; it !■ ft lot* tery ftccording to the ordioftry ftoceptfttion of thftt word; it ii ft lottery witbin the termi tpeoifled by tbe Legitlttnre of thit Bute in tbe "Act to prohibit lotteries" 18Ut., 1873, 186]; it it • lotterj witbin tbe meaning of tbftt word u media the Con ititntion. Second— Ii the Act approred March 9, 1881, constitutional 7 Thie qneetion it u cletr tnd plain to )nr mindt u tbe one Already decided. It will not ftdmit of ftny refttontble donbt. rbe language of the Oomtitntion U tut Mptible of bnt one meftniag. There ie no room for oonttrnetion. Nothing npon ehich tny ml or inbetantial argninant HQ be bued. " Mo lottery aball be authorised by tbia Itftte, nor ikall the .Mle of lottery tiskttt be allow*!." [Const, Art, 17. 8m. 34.] The Aot In question atUmpta to author 1m a lottery, and U allow tha tale of lot tery tiokets in this State In direct viola tlon of the plain letter and tplrlt of this provision of tbe Oonatltntion. It wonld M a perrenion of the language of tbe Con stitution to uj that tha Aet is valid. Respondsnts, bowerer, oontend that tbe Conitltntlon "doe* not prohibit private lotteries, and waa by lte framera intended only to prevent the Legislature from in volving the BUte in a lyitem of pnblio lotteries as a means of raising money for the service of tha Btete." or, in other words, that this constitutional provision wsa only intended as a limitation of power to prevent the State, as a State, from en gaging in pnblio lotteries for tbe porpoee of raising means for the general revenue of the State. Henoe they claim that tbe State hu tbe right to authorise private parties to oonduot and carry on a lottery of the character specified .In the informa tion. In support of this position they refer to the debatee of the Constitutional Conven tion in California upon the adoption of a provision in tha Constitution of that State idsntloal with ours. It is not olaimed that these debates bava tbe weight of a judicial decision, but that It is proper to examine them in cut of doobt as to tbe intention of the framers of the Constitu tion. The remarks of tbe different mem bers shed but little light upon tbe real question at issue. They are as much in favor of the poeitlon taken by the Attorney General as they are In favor of tbe respon dents. Tbe debates show that the Consti tution of New York was referred to In discussing the provision that was adopted in California. Mr. Halleck, wbo was in favor of tha adoption of tbe lottery pro vision, in the oourse of his argument, said: " In nsarly all the new Constitu tions you will find this olause. It was not containsd In tbe old Constitution, but in most eases, whsre they have been amended, it baa been Introduced. In tbe old Constitution of New York, to whiob referenoe hu bean made in tbe course of debate, no prohibition was inserted. Many gentlemen present would remember tbe famous oase of Yatee and Mclntyre, whiob Involved not only Individuals of tbe State In ruin, but waa tbe oooasion of se rious embarrassment to the State Govern ment itself. The reeult so clearly estab lished tbe evils of tbe lottery system that tbe Convention of New York, in 18(6, in serted a clauee in tbe very first article of the new Constitution [see Section 10] prohibiting lotteriee and the sale of lot* torj tickets. It appsared to him • • * that this prohibition wss one of tbe beet that could be inserted in tbe article limit ing the powers of the Legislature." The language of tbo 10th Section of Ar ticle 1 of the Constitatlon of 1810, refer red to by Sir. Halleck is ss follows : "Nor shall any lottery hereafter be authorised or any salo of lottery tickets allowed with in this State." In tbo Oovernors of the Almshouse vs. Amsrican Art Union, supra, it waa con tended by Charles O'Connor, coonssl for tbe Art Union, as it is hero, that tbe Con stitution waa only Intended to prevent tbe mischievous prsctioe of raising a ravenue by publio lotteries, wblob had been for many years in fall vigor both in England and in this country, and that the prohibi tions of tbe Constitution were only directed against this particular evil. Ilo referred to the faot, as do counsel here, that "from 1709 (o 1821 publio lotteries were author ized at every session of Parliament." He also referred to the debates of ihe Consti tutional Convention of 1821, for the pur pose of showing that " publio lotteries for pecuniary prizes as a means of raising revenue were alone within the oontempla <• a .1 i I • SI nvu ui iua» uvuj • The Conatitntion of 1831 ia in theae word*: "No lottery (ball hereafter be authorized in thle HUte, and the Legii laturo ihall pu« law* to prevent the *ale of all lottery ticketa within this Btate except in lottoriee already provided for by law." The Court of Appeal* in referring to tbia Gouititation, which it declared to be aub itantially the *ame at the Constitution of 1846, said: "Tbia prohibition ia general. It muat be held to embrace all lotteriea, nnieaa there be aome very clever and aatia factory reaaon for underatanding it in a more limited aenae. It waa nrged upon the argument that publio lotteriea for pe cuniary prixoa aa a meana of raiaing rev enue were alone within the contemplation of the framera of the Conatitntion. Cut lottoriee have never been created within tbia Stato for the pnrpoao of general rev enue, and tbero ia therefore no ground for believing that tbo prohibition waa in tended t> be limited to lotteriea for that object. Tbia would have been restraining a miacbief which did not exiat, and toler ating that which did. Lotteriea had been authorized by the Legialature for the brae lit of collegea, for the making of road*, for the building of bridgea, for the improve ment of ferriea, for the erection of hoe pitali, and for varioua other purpoeea equally oommendable and beneficial. All theae were clearly within the prohibition. The prohibition waa not aimed at the ob ject* for whioh lotteriea bad been author ized, but at that particular mode of accom pliibing tucb object*. It waa founded on the moral principle that evil ahould not be done that good might follow, and upon the more oogent practical reaaon that the evil consequent on thia perniclona kind of gambling greatly overbalanced in the aggregate any good likely to reanlt from it. The promotion of the fine art* ia un doubtedly a commendable object, but tbo prohibition containa no exoeption in ita favor oa that ground. • • * * • Tbo intention of the framera of the Con atitntion undoubtedly wak to forbid the future granting of any auch lotteriea a* bad at anytime previouily been author ized by law, and by requiring the Legii laturo to paaa lawa to prevent the aale of all lottery tiekota, to put an end to all anch distribution* of money or good* by lot or chanofea* had theretofore been for bidden by atatuta under the name of private lotteriea." The argument that the worda " by thia Btate" were inaerted for the purpoee of firoventing tbo Legialature from authori ng publio lotteriea aa a meana of railing revenue, and that the proviaion waa not intended to prevent the Legiilaturo from authorizing private lotteriea, lawbollv un tenable. No authority haa been produoed in ita aupport and we are aatlafied that none can be found. In conatruing thia proviaion of the Con atitntion the laat aentence ia aa important aa the flrat. If tbo framera of the Conatitntion had" Intended by the nae of the worda: " No lottery aball be authorized by thia State," to only limit the logialatlve power to pub lio lotterieo, conducted and managed aolely by the State for the pnrpoee of raiaing revenue, they would not have naed the language they did iu the concluding aen tence, " Nor ahall the aale of lottery tick et* be allowed." Theee worda clearly abow that It waa not inWbded that any lottery abould be authorized by thia Btate for any purpoae. The worda " by thia State," aa naed in onr Conatitntion. and. the worda " In tbia Bute," "or within thia State." aa uaed in the Conatitutioni of New York, have virtually the aame meaning. " No lottery aball be authorlaed by thia State, nor aball the aale of lottery ticketa uv stiuweu. Tbii language applle* to ill lotteriee, whether public or private. To lotterle* conducted by the 8ute; bj the ebDreb; by private individual*; by benevolent and charitable aaaoclation*, and by corpora tion!. No lottery of any kind can be author lied by the Lcginlature nnder the preeent Conetltution. •••••••• We again repeat what, it eeemi to u, mnat be evident to every nnbiaeed and im partial mind, that the language of the oonatitntional proviaion i* too plain for argument. That under It the Legialatare cannot authorise any lottery in tbla State, and that the Act approved March 9,1881, I* null and void. We are conecioui of the fact that It wai unneoeeaary to add anything to the reaeon lug of till* Court in » tart* B ""nebard ■bleb la, of lteelf, absolutely oeaelualve upon both of the point* w* have dlaouaaed. But it baa been attempted, by • deelre upon our part, to ahow that no authority wold be found ia any of the adjudicated oaae* in tbe United Btete* to miteln tb* position oon tended (or by respondents: and that no agnmsot has bom advanoed by respondents, upon either of theee points, that has not heretofore been de cided adversely to them by the Courts of other State*, where the constitutional provisions are substantially tbe same as onr own. It is proper to add that we hare arrived at the conclusion stated without consider lug tbe question of tbe morality, or im morality of this particular scheme. It makee no difference whether it was sst on foot purely for the pnrpo** of raiting rev enu< for the benefit of the " Insane and Charitable Fnnd" of this Bute, or whether it belonged to that olass of lotteries that are made up of pecuniary prizes and min ister to tbe lore of gain ; wboee scheme* address thsmselvea In tl»* grossest and most molting form directly to that sordid pteelon, and to no other featimeot; whore the managers receive a pecuniary profit and enlist " a corps of aotive seducers to draw the weak and unwary into tbe pur chase of tioksts " by extensive advertise ments oontaining brilliant picture* of the favorable chanoes to acquire sudden wealth. It may be admitted for tho purpose* of this decision, as was argued by respon dents' oounsel, that the people of this State at* essentially a gambling people, r*ady at all timee to take the deenerate cbtnoee which lotteriee afford, and that no in jurious effects upon the morals of the peo ple would reeult if this game of chano* was allowed to prooeed. This question is one that must b* con sidered as settled by the adoption of tbe constitutional provision [ez parte Darling, recently decided. ] In tbe Art Union case, to which we hav* frequently referred, it wa* elaim*d that tba snterpri** wa* really of a meritorious character, and that it differed, in this re ■pect, from tb* lotteri** wbero the mana age r* were to r*c*iv* the lion'* than of tb* profit*. Th* Court, in an*w*r to this argumsnt, said: "If no lotteri** had *zi*ted excepting *och as is contained in the Art Union scheme, it Is not probable that they would have been forbidden by tbe Constitution or by law. Ita mischiefs are oertainly not so apparent as if Its priaee were to be paid in money, or as it wonld be if framed for tbe purpoeeof enticing the neoessitons and improvident into its basard*. But this case cannot b* decided acoordlng to tho viow* w* may entertain of the probable good or evil'consequent upon the execu tion of the schsme. Tbe Constitution took away tbe power of determining whether this or any othsr lottery was of good or *vll tendenoy, and certainly did not intend to oonfer that power on the judicial tribunals. If it were to be sd in It ted that the scheme is entirely barm le** in it* ooniequtnc**, it would form no ground for making it by judloial con ■tructlon an exccjition to tbe general and abeolnte constitutional prohibition." "Tb* law know* no person; it lino made for tb* Individual man, but for men. As the dew of heaven falls, so it bears alike upon the just and unjust." (State V*. Pierce, 8 Nov., 304.] It (mil** and frown* upon all alik*. It make* no distinctions. Submission to it* authority i* iuoombent upon all. Third—It i* unn*ce**ary to diacu** any of tbe other point* suggested by respon dents' connoil. We will not preiume, in advanoe, that rcspondonta intend to violate tb* law. From tb* vi*w* already *xpre***d it la appareut that it would mako no difference whether reepoudent* base tbsir right to aot in th* premises under tbe articles of incorporation or under the provisions of the Aot of the Legislature. In either event their Act* would be without warrant of law. Tbe Judgment of tbia Coprt I* that th* respondent* havo no right, liberty, or franchis*, by virtu* of any law, to adver tl**, print, circulate or aell any tickete in tb* scbem* or enterprise of th* " Nevada Benevolent A**ociation" within tbi* State, or to do any of tb* acta apacifled in the •tatute, "to aid th* N«vada Benevolent Association," approved March 9, 1881 (Stat., 1881,166]; and that tbe oosta of thia proceeding be tax*d against thsm. Hawlit, J. Wa concur: Leonabu, 0. J. Bblbbaf, J. AN ORDINANCE. To Amend Section M tf As Ordinance T* Fix aad Ctllirt ■ LInim Tax MIBIOI a Fix tod Collect a Llceeaa TlX Upon Certain Trsdee and Bu.ineei WitLin Ilia Corporate Limit* of lb* Tonn of Gold Hill, ba and ttie iime U hereby amended ao aa to read aa followa: Krurjr par ton or peraone whataover, who ahall veil or vlTer 10 Mil, deliver or offer to deliver, within the llptlu or tba Town of Uold Dill, Dot a reel dent of eaid town, and doing baalneea In aald town, nudar a Uoanaa duly laened tberefor, any gooda,waree or merchandise of an; character or detcrlptlon whatever, coming from w tbout tba limit* of Gold Bill, aball par therefor a quarterly license aa In tba following acbadnla: Flret Clase— Monthly ealee or recelpte of Ave tboound dolltre and over, quarterly license aeventy-five dolUre. Hecond Cltss—Monthly receipt! or aalea from four to live tboaeand dollar*, quarterIj lleeaae fllty dollara. '1 bird Olaai-Montblr recalpla or aalea from three to fbar thoaiand dollar*, quarterly llcenie forty dollan. Foortb dies—Monthly receipts or aalea from two to tbrea thoaiand dollar*, quarterly Itcenee thirty dollar*. Fifth Clue—Monthly receipt! or aalea from one to two tbonaand dollar*, quarterly llcenie twenty dollara. Sixth Claaa -Monthly reoelpu or aalea tinder a thoaiand dollara, quarterly llcenaa tan dol lan. Paaaed February 4th. 18*1. Te Amend Kwilii Farty-aea of ax Ordl ■•nee af ike Tawx af Qeld 1I1IU Kb* qiHJt BOABD OF COUFTT COMMISSION an of Stony County, h evade, do ordain : Rao. 1. Section 41 of an Ordinance of the Town of Uold Bill, entitled aa Ordinance "To Ax and collect • licence tax upon certain trade! and builneee within the corporate limit! of tba Town of Odd Hill," paaaed April ». IfTT, le btrtby amended eo aa to read aa followa t Sic. 41. I very person or Ores sngsged la the bnilneaa of manafactnrlnc Wlnee, Cider, Soda, SatMparlllt. Milt or Mptrltaoui Liquor*. Hosp ind Borax tball pay qaarterly, for Ucaoea to carry on the *ame, according to hla or their average monthly aalea or lecaipta, aa la tba fol lowing aehednle i First Olasa-Monthly aalea or reoelpta One Tbouaaad Dollara aad over, qaarterly lloanae Twenty-flva Dollar*. Second tilsee—Monthly aalae or reoelpta tlx llandred Dollars or over and ond»r One Tboae and Dollara, qaarterly lleeaae Twenty Dollaia. Third CUea— Monthly sale* or reeetpta aader Six Bnadrvd Dollar*, qaarterly Ucease Fifteen Dollar*. Atteet t J. A. MAHAHWT. Clerk. AN ORDINANCE. Faaaed September 1Mb. J. A. Mahaxkt. Clerk. 14 ORDINANCE NO. 118. AN ORDINANCE ta intMt tor Ik* Urr af Tut. m Rttl aad Fwnwl FriHrir wlihka tha I.wi af o«M IIUl. [Paaaad April IS. 1M1.] mQB BOARD 07 TBDUTDtf OF GOLD X Hill do ordain: Bbctxov 1. ad anaoal ad ral<#am tax of oaa igd on. aaartar par crntnm apoa tba valaa of Laxabla property within tba Town of Gold HU1 la beraby larfcd and dlraetad to ba collaotad for town parooMa apoa U»a M.w.il Taloa of aU neb uxaMa property made tazabla by tba law* at UK aula far Bute and oouniy parpoaaa. In. Blading tba oat procaada of tba mlnaa. Mao. A The taxaa levied bjr aaoUon 1 of tbla wdinaaoa. and to ba imiiid and eollaetad la iccordaooa wlta the prortaloaa of aa ordinance ■tilled.•' An Ordin.nca to pro ride for tba tart aid collection of Uua on real aad penotxi wo party within tba Town of Ootd BUI/* paaaad Ipril 18, )8S1| and tlao. an ordlnanca entitled, La Ordlnanca to prorlda for tba Una aad Bauer of aacartelalac tba Taloa of the net pro laada of Maee fur tba parpeae of taxation. aad o prorlda tut the ooUeetioa of ia*b taxaa. . .. L. T. FOX. Jmldaotoftha»oardof Traateaaof theTawa tfOoldBUL mi ivBiein nu. ■ "an act AmMMmt «r mm* Bmpplmmumtmrr KhMmUUK, * "la Act to Create i Board #f Cointj Cennlulonen In the Several Coantlet of ThU State, ud to Delie Tkelr Datlea oat roven." Tk* Ptoplt •/ lit StaU tf Nnnda, rfr+ hnltd m tk* StnmU ami AtttmOf, d* muuI /i< /aUflMl ! •■HiVI W J wtfvWW • Bacnox I. faction four of eald let U hereby amended to m to md u follow*: "Bection 4. If at uj Urn* after Um Aaal adjournment of a regular mooting the builneee of Um County dull reqalre a mMtlaf of Um Board, a epeclal meeting ot Um mom may to ordered by any mMa tor of Um Board. Tto order ehall to en tered oa the reoorda of Um Board, and Um CUrk ttoll give notioe of (Qoh epeelel moeUng tad Um Um* thereof to aaj mam tor of tto Board not joining la ttoord«r." Section 3. Mo County Commleeloaer la thto State (toll tort power or privilege t*> meko any adranoe to any Indigent or Ln- - firm or ottorpenon or pereoui, exoept tto ilek a* a charity, under any pretext what ever, of any money, credit, aeeorlty, mar ehandlee or other ralaable, for aay por poee, until theiameihall tore been pueed upon and allowed at a meeting of tto Board. Sectiov S. No County Gommiealoner or Board of Ooanty Commieeiontr* la thli State *baU tore power to make any appro priaUoa or payment of aay money, mer ehandlae or other ralaable to aay indigent poor, inflrm, or other peraon or peraoae, exoept the sick a* a charity, anlaee tto tame atoll bare been preTlooaly reoom mended u neoeeeary by two or more prop erty-taxpayer* of the ooanty. Tto recom mendation mnit to la wrlUag, and algaed by two or more property-taxpayer! of the ooanty, and pueed upon, and payment authorised by the Board of Connty Com mUiloaen at a meeUag of Um Board. Section 4. No County Commiselouer or Board of County Commissioners is this State iball havs power to make any appro* prlatlon or payment o( any money, mer chandise or other valuable to any tick par ton or partooi, nnieee the Mm* (hall bar* bean previously recommended in writing u neoeesary by a raaldant of tba county. Section 0. No olaim of any Commis ■lonar for payment, allowance or advanoe of any money, merchandise or other prop arty, to any Indigent poor, infirm or ilak person or persona, shall be allowed or paid, nnlaea preeented and anthorised M provided in Seetiona 8 and 4 of this let. Section 6. It thall be the dnty of the Board of Connty Oommlaaionara to keep on file in the County Clerk's offloa all recommendations mentioned in Sections S and 4 of this Act, and the same shall be open to inspection to any reeldent of the oonnty. Bbotiok 7. If the Board of Commis sioners in any oonnty in this State, or any member of any Board, thall violate any provisions of this Aet, inch member or members so violating shall be deemed gnllty of a misdemeanor, and on oonvio tion thereof shall be fined in any sum not exoeedlng one hundred dollars or less than fifty dollars, and shall be liabli for any loee, damage or expense sustained by the connty in conseqnenee of such violation. Section I. This Aet to take effect ip any connty in this Bute having polled more than fifteen hundred votes at the last Oeneral Election in 1800. Approved February 14,1881. Stat* or Nitui, ) Secretary'a 00m. ( I, Jura Bibcock, Secretary of 8UU of the BUU of Nevada, do hereby certify that the foregoing la a true, fall tad correct copy of the original of m Act amendatory of and anpplementary to an Aet entitled, " An Act to ereete a Board of Connty Commieeionera In the MTeral coantira of thii State, and to de fine tbelr dntlee and powera," on file in my offiee. In wltneee whereof, I hare hereunto aet my band and affixed the Great Baal of Btata. Dona at offioa in Carton City, Nevada, this 7th day of March, A. D. 1881. lam..] JAIPKB BABCOCK, Secretary of State. Pabllabed by order of Board of Gouty Dommlaalonera of Storey oonnly. MATT. GAXAYAN, Chairman. J. A. Kium, Clerk. PATENTS. Weeonttnae to aet aa Boildtere lerPatente, Qavaate, Tiade Marka, Oopjrlehra. etc. .for toe EJnlted fltatee, Canada, Co be, lag land. Fiance. Oennany. etc. We bare bad tllrtj-lra reeia experMeee. Pateate obtained tbroagb aa are aotioed In ike lannm Ahzuoa*. Thla large end ipleodtd llinetrated weekly paper, $1 »a year. ihowe the Pregnae of Bctaace. la very tatcreea afjaed baa aa eaotmoee eUcaladee. Aittfreee gpitw* 00..>atect BoUettore.raMakanot BSiSSk ^HKSiSSSZ'