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THE EVENING NEWS
FRIDAY. : : : : : : MARCH 31. 1883 ^—■— OUR LIVE BUSINESS MEN. WIDE AWAKE AOTKITUBU WHO TUUVI IHBUI. ImImm CmiM mmm 11} Fa* law -Ttat to Mm Have Tilt* !*• AMUSEMENTS. Pi pari* Open House, Virginia City. BANEEflS. Annoy NeTada lUnk of San Francisoo, I 0 aUNt, Virginia City. BROKERS. L. B. Frankel. Main streat. Oold Hill. T. B. MoQnrn, 104 Booth 0 street, Vlr- | ginia City. CLOTHINO AND FUBNISHINO GOODS.1 Banner Broe., Corner 0 and Taylor ■treeta, Virginia. CIQAB8 AND TOBACCO. D. Tborburn, opposite Nlws offloe, Main (treat, Oold Hill. DBUOOMTS. Haabroack A Hall, Main itreat, Oold ■ill. oppoeita Yellow Jacket engine-house. John Jonee, Jr.. Main street, Oold Hill. DEM TUT. A. Chapman, 180 Booth 0 street, Vir ginia City. FANCY 000D8. D. Tborburn, Main street, Oold Hill. B. W. Chubbuck, Poetattoe store. Main street. Oold HllL FOUNDRIES. Beno Foundry, Reno, Andrew Frasar, proprietor. OBOCERIE8, PROVISIONS, ETC. F. W. FoUom, Main street, Oold Hill. Riohard Meroer, Main street, Oold Hill. HOTELS AND BESTAUBANTB. Oold Hill Bakery and Restaurant, Main street, Oold Hill; J. P. Becker, Pro prietor. City Bakery, 37 North 0 street, Virginia Oily; Fllamsier A Ann bras t. Proprie tors. HABDWARE. W. N. Hall A Co-, Main street, Oold Hill. NEWS DEPOTS. 8. W. Chubbuck, Poetoflioe store, Oold HU1. PHYSICIANS AND SUB0E0N8. Dr. J. U. Hall. Main street. Oold Hill. SALOONS. Faahlon, Main street, Oold Hill; S. B. Turney, proprietor. WOOD AND COAL. Thomas Oallagber, near railroad depot, Oold Hill. THE SUN FOR 1882. Tux Sex (or 1883 will make it» fifteenth annual revolution under the preeent man agement, shining, u always, for all, big •ad little, mem and gracious, oontented and unhappy, Kepublican and Democratic, depraved and virtuoue, intelligent and obtuae. Tub Scx'a ligbt ia for mankind and womankind of wry aort; but lta genial warmth it for the good, while it pour* hot discomfort on tho blistering back* of the peralatently wicked. Tac 8c* of 1868 waa a newspaper of a new kind. It discarded many of the forma and a multitude of the superflous words and phraaee of ancient Journalism. It uodertook to report in a freeh, succinct, unconventional way, all the news of the world, omitting no event of human In terest, and commenting upon affairs with the fearleesneee of abeolute Independence. The success of this experiment waa the sueceea of Tu Sox. It effected a per manent change iu the etyle of American newspapere. Every important Journal eetabliehed in thia country in the dozen years past haa been modeled after Tax Bum. ■very important Journal already exieting haa been modified and bettered by the foroeot Tui Si n's example. Tub Si's of 188*2 will be the same out spoken, truth-telling and interacting news paper. tij a noerai uh ui me ncim wuicn an abundant prosperity afford*, wo ahall make it better than ever before. We shall print all the nowi. putting it into readable shape, and measuring iu importance, not by tbe traditional yard ■tiek. but by ite real interest to tbe people. Distance from Printing House Square it not tbe tirst consideration with Tut Hex. Whenever anything happens worth report ing we gel the particulars, whether it nap peus in Brooklyn or Bokhara. In politic* we have decided opinions; and are accustomed to expreea them in lauguage that can be understood. We *ay what we think about men and event*. That habit i* tbe only secret of Tub Hls'k political course. Tub Wbbblt Sirs gather* Into eight the beet matter of the seven daily ur*. An Agricultural Department of nne<|ualed merit, full market report*, and a literal proportion of literary, scientific, and domestic intelligence complete Tub Wbbkly ttcx. and make It the beet news paper for tbe farmer's household that wis ever printed. , Who doe* not know and road and like Tub Si-xdst Hum. each number of which i* a Oolconda of interesting literature, with the best poetry of the day, prose •very line worth reading, new*, humor matter enough to All a good-sued book, and intlnitely more varied and entertain ing than any book, big or little? If our idea of what a newspa|>er should be please* you. aend for Tub Sin. Our terms are as follows: For tbe daily Sex, a four-pago sheet of twenty-eight column*, the price by mail, post paid, i* S3 cent* a month, or ft SO a year; or, including the Sunday paper, an eight-page *hoet of dfty-iix column*, the price i* 63 cent* per month, or $7 70 a year, postage paid. Tbe Sunday edition of Tut Hex it also furnished separately at $1 30 a year, pott age paid. The price of Thb Wbbblt 8cx. eight page*, nfty-six columns, i* $1 a year, post age paid. For clube of ten sending 910 we will send an extra copy free. Address I. W. ENGLAND. Publisher of Tub Sex. New York City. NOTICE OF FORFEITURE. Tow* or Oou> Hill. \ County of Hlorey, Hist* of Xetsda. I January a. Ivrj j To Zdwabd Eb»«bv. associate owner In the South Jacket mine. UoM llllt Mini** Dis trict. *tur»T county. State of Nevada: Toa are beeeby aotlded thst the aaderslraed has performed sod laid out tbe aaanal amount of work for l**l on tbe above claim required by flection m« Ksvlsed Statutes of tbe United Stat re. and yoar pro rata share of said work amounts to Thirtj-three Dollar* and Thlrtt tbree Osnts <(3S 33). And If wltblu ninety dare after Ibis notice by publication yoa fall or rsfnae to contribute said amount yoar Interest in said claim will be forfeited and become tbe peopetly of tbe tubscrtbsr, under said SecUon Notice of forfeiture for work done on thla claim for tbe year MTV was publishsd by John Un3w«d): K. J. QILLKT. jaJ Im P. O. eddreee. Mold H1U. Nev. STOCK DIVIDEND. AT A MEETING OP TH* BOARD OP Directors of tbe Centennial Gravel Gold Mining Company, held thla day, a Mock divi dend of thirty-six sad one-half iMM) per cent, wee declared, deliverable Immediately. Br Wder of tb« Board of Directors. PRANK a. Wins. Secretary. Gold H'lt, Nsvada, Psbraary J*. INL Mt »AQ a week, la you own lowu. Tanas and Addnae B, IblUR * ANNUAL REPORT Um rmMul mt Ik* lw4 t •r U* Tmra •' «*M To the Taxpayers and Cltleens of the Town of Oold Bill: In aooordanoe with Um requirements of the Charter of the Town of Oold Hill, I herewith submit » report of the financial situation of uid town for the year ending April 18,1881: Bxczirn no* all socacxs. Licenses, rtal estate taxes, per sonal property end bullion Usee—M. Kennedy $34,5411 38 Delinquent Usee—J. P. Flan mtiKhua 1,370 75 F. W. Folsom 30 00 L.T.Fox 5.000 00 ToUl $30,852 03 Diiauuuuum. On hand.Apr.,1880.$ 1,819 33 By bond*. 10,000 00 By ooapona 3.490 00 By warrants 14,380 17 By balaftoe 1.847 54—$30,853 03 amount or rtorurr isstastn rom in TZAM 1880 1X9 1881. Reel property $1,577,134 30 Personal property 24,015 00 Total .$1,801,139 30 Texas tbereon at 1H per cent. $30,014 34 Amount exempted by law and Board of Trustees 644 59 Amount charged to Town Marshal $19,360 65 Amount of delinquent tax roll delivered to Town At torney $1,335 87 Ten per oeat. delinquency.. 133 53 Total $1,468 90 Amount not sued for and withdrawn by order of the Board $198 15 Amount oollected with the 10 per*oeat. added 1,370 79 Total $1,468 90 Amount of Lioensca issued to Town Manhsl $10,383 50 Amount sold $6,387 39 Amount returned. 4,101 11 Total $10,388 50 Amount of Bullion Tax on product of mines $379 53 TOW* BONDS CANCXLXD. Nos. 103 and 104. issued August 14th, 1879; time, 1 year; due August 14th, 1880; oanceled August 14th, 1880. OCTWTAXSnO TOWN BONDS. No. 100, amount $5000, due Mar 1st, 1881. No*. 103 snd 109, amount $10,TOO, due Au gum i«tn, loot. No*. 105 and 106. amount $10,000, dne N'oYember 1*1, 1891. In aubmitting my annual report, u re quired by law, I have deemed It proper that the taxpayer* and citlsena ibould bo informed of the condition of the town and it* ilnanoial ■ landing at the preeent time. Tb* finance* of the town ar* in a vary healthy condition, considering the extreme dullness of business the past year. Tb* reienue from the different brancbe* of bnaine** baa been steadily on the de crease the put year, and the Board of Trailer* have been governed in expendi ture* accordingly. Five thousand dollar* of tb* town debt bav* been liquidated. In the different department* the greatest car* have been taken by the Committee* to hav* tb* running expense* of tb* town aa low aa th*r could possibly be made and aatisfy tb* citlxens at larg*. Tb* water work* and everything con nected with them ar* in tb* vary best of order. Tb* Chlaf Engineer of the Fire Department haa been very vigilant in look ing after the hydranta and mains, and keeping them in good condition. The street* have been well attended to and kept in good order. The officers of the town bavo been faith ful and energetio in the discbarge of their dutie*. The police have been vigilant in guarding the interest* of the town and keeping away suapicioua characters who are always watching for opportunities to Amount of bond* I Interest due on aame to April 15th, 1881 $23,000 00 I 825 00 Total $25,523 00 practicu tneir neiariou* ouainr**. Tlx Fire Department are deserving of much praiae for the able and efficient man n«r In which they have acquittcil thern aelve* on all oocaaion* when their aerrice* were required. I trust the people of Qold Hill will continue to hare their intereata guarded in the future by aa an efficient body of firemen aa thoae who have guarded them in the paat. In eonclnaion, I wonld lay that our dutiee aa a Board of Town Truateca will aoon be at an end. The people of Gold Hill are aoon to hare a change of govern ment, the laat Legialaturediaincorporating the town and paaaing the Conaolidatlou bill, by which the city of Virginia and the town of Oold Hill hare been conaoli dated with the connty of Storey in one goTtrnment It waa the opinion of thoae advocating the meaaure that the intereata of all oonoerned would be furthered by baring one government inatead of three. Aa it U bnt an experiment, it remaina to be aeen what adrantagee, if any, will be cainvd to the buaineaa portion of the town by the change. It will, in my eatimation, be found neoeaaary by the incoming ad miniatration to exerciae the greatest dla cretion in the management of affair* for the coming year. The rerenue from taxable property will be rery much leaa than what it waa laat year, and ia likely to contlnuo decreaaing unlcaa aomn derelopmenta in the minea would gire a new aapeet to affair*. I aincerely thank tho membera of the Board for the rery able manner in which they bare aaaiated me in the management of town affair*. Being oompelled by other buaineaa to abaent myaelf a good deal from the town and from the meeting* of the Board, I feel grateful for the indulgent •pirit manifested toward me by the mem ber*. In cloaing your labor* yon can feel a Juat pride within yonrtelre* that yon hare had at all time* the beat Intereata of the town at heart. Yoor labor* hare been arduoua and without compensation, only auch aa you muat all feel within youraelrea —that gratifying reminder that aa public aerranta you hare performed the dutiee incumbent upon you and bare proved youraelre* deaerring the oonfldenco of the people of Qold Hill. L. T. Fox, President of the Board of Truatee*. NOTICE OF FORFEITURE. Town or Oold Sill. I Count) of Storey, State of Herada, V February 11. MBS. I To Faur iUrau and Joan Haaaaa, aaso. cta» owner* lathe Margaretta tidd and Silver Mining Claim. Gold Uttl Mining UUtnrt. Storey county, State ot Ntrada: Notice la hereby given to tha following par •on*. toe.tore and pochaaara of the MAHOAK KTTA UUU) AND SILVER MINING CLAIM. and bflng la Storey county, Nevada, and la Mold 11111 Mining Ulatrlct: FKLIP K AM IKK/., JOSEPH 'aRRITTS, locator* of paid claim, and JOHN HARRIS, pur chaaar of aald claim, that JOaSPH FAR KXTTS. aa one of the locator* of aald claim, to. protect hla Intareat la aald claim, canaed wbrk t* be doae on aald claim to tbe amount of Two Haadred Oollara. aad paid lor tbe lame. Tbe pro rata amount aa»aa»ad to taeb of the tbove- laentloned parties, to wit: Joeaph Par retta. $W for two raara: Pallp Bamlm. $33 40 for two ytar*; John Nnu, Ills to for two mm Thla la • notice for aald Pallp Ramlrva aad John iarrah to pay Joeeph Parntu the amout expanded by him oa Hid claim, a* *>t forth In laid aotle*, oa or before the 1Mb day of MAT. A.D. IBS*. The lallure to par aald uuoant will caoae the tntareak of aald paitlee iTrewrt to aald Joseph Parte*ta, at the expir*. tl-™a£tydv*.- P«*d«t *7" Act of Oonrraea, aprroved May 10th. A. D. 187* isKS): JOstfB parrots. p Q Oold BUI. Wevada. P.bmarr Mth. A. D. 1»8». M TOWN TRUSTIES. riMi Ihuu — ■•yin *f Tmwm —»IW ■!»>«. MmVi Mc, to k« Tar**4 Ormr to to* Oaiair CflMl»»«n Bm< By* I The final meeting of the Board of Trastaaa ol Iba town of Gold Hill waa held yeaterday aftarnoon. Preaent— Tnutaaa Daaobj, Lemery, MoCurdy and Preeident (pro Um.) Maroar. The minntea of the prerlooa meeting ware approved aa read. The different atandlng oommitteea re ported everything in the beat oonditlon. The atreeta were in good repair. The Committee on Fire and Water re ported the maina, hydranta, tanka and everything connected with the watar wotka in good oonditlon. The regular monthly bUla, amounting to $1085, ware, on motion, ordered paid. The following bllla, referred to the Finanoe Committee and found correct, were, on motion, ordered paid: J. B. Gagnon, 90 40; B. Mercer, $6 80; W. N. Hall k Co., Ill 50; D. Thorburn, 38c; W. Hall, $6 80. On motion, it waa ordered that the officiate be paid their ealariea np to and including May 2d, 1881. Tha Street Committee reported that aome partiea had built • fenoe on D atreet, near tha Daytoa toll road, on ground purehaaed by the town, and wiahed to call the attention of the Coun ty Cotnmieeionera to the eubjeot. Tne following quarterly reporta from town offloera were read and ordered to take the uaual oourae: axroar or town raxaauan. To the Honorable Board of Truateee of the TOwn of Oold Hill—Gentlemen : I herewith inbmit my report for the quarter to date, Mar 2.1881: Dr. January 31, 1881, balanoe on hand $ 4,161 31 To M. Kennedy 1,870 00 To J. P. Flanningham 5 75 Total 9 6.836 96 Or. By warranta 9 3,139 03 By coupon* 750 00 By balance 1,957 93 Total 9 6,836 96 Balanoe on hand May 3, 1881. ..9 1,937 93 Reepeetfully, O. H. Gallup, Town Treaturer. TOWN MAMMAL'* BXPOBT. To the President and Hon. Board of | Trustees of the Town of Oold Hill-Gen tlemen : The following U my report of the business done in my office I or the quarter ending April 30,1881: Dr. To license* told <1,522 64 To proceed* of mine* 147 86 Total $1,670 00 | Or. By amount paid Treasurer $1,670 00 I Number of arreat*: A**ault and battery 4 Auanlt to kill 1 Opium imoking 4 Soliciting without llcenie 3 Diiturbing peace 1 Total 13 By Marshal Kennedy .7!s By Officer Bbseban 7 By Officer Booney 1 By Kennedy and Bheehan 1 Total 13 Bepeotfolly, M. Kc.nnldt, Town Marshal. BEPOBT OF TOWH CLHI, To the Honorable Board of Trustees of tbe Town of Oold flill—Oentlemen : The following is my report for the quarter ending April 80, 1881: Amount of warrant* issued $8303 78 I BtrOIT OP TO WW ATTOmxiT. To tbe Honorable, the Board of Truiteee of lb* Town of (fold Hill—Gentlemen: I nerewith inbmit my final report of all money* collected by me aa Town Attorney for tbe year ending the flrat Monday in May, A. D. 1881, aa follow*: Delinquent Uxea aa charged to me, per aaaeament roll 91,335 87 Ten per cent, delinquency 133 63 Total 91,488 90 Not aned by order of tbe Board, and withdrawn from aale 198 IB Paid to Treasurer aa per recelpte on file with Town Clerk 91,270 75 Total 91,468 90 Itcipeotfnlly, J. P. FLANXIWOKAIf, Town Attorney. caw uoKtua'a bzpobt. Gold Hill, May 1,1881. To the Preeldent and Member* of the Board of Town Trnctee*—Gentlemen: I have the honor to report the following rt«ume of Uio Fir* Department for the paat year: Number of fire alarm*, 36; number of fire* 22; estimated value of property destroyed, 929,000; iniured for $37,000. In tbe majority of caaea the cau*e of fire could not be aacertained. The number of enrolled member* of the Department la aa follow*: Liberty En sine Company No. 1, 28; Yellow Jaoket Engine Company No. 2, 80; Llnooln Hoee Company No. 3, 17. There are al*o two active ho*e oompanie* not enrolled, who have rendered very great *erviea. Number of hydrant*. 37; number of feet of rubber hoee, 2600; numbor of feet of leather hoee, 650; number of boa* car riage, 3; number of parade hat front*, 3; number of parade befta, 7; number of pa rade trumpet*. 3; number of tervioe tram pet*, 3. I have the pleaaure of (fating that the entire department and apparata* are in an efficient and *ervlo*able (tat*. Beepecfully mbmitted. Nick Skxton, Chief Engineer G. H. F. D. On motion of Trcutee Danoby it waa ordered that all money*, book* and pa per* belonging to the town of Oold Hill be handed over to the County Commit sionsrs aa toon aa the Treaaurer oan fix hia book* and all warranta allowed at tbla meeting are paid. Alao, it waa or dered that tba Town Marshal, Clerk and Attorney tnrn over all book* and papera in tbalr poueaaion belonging to the town to the County Commiaaionera. Trustee Mercer and Cleric Hyde ware instructed to transfer all tba town prop erty (aa per inventory) to the County Commissioners. There beiog no other business, Traa tee Daucby In a few appropriate remarka moved that a vote of thanks be tendered to Preeldent Fox and Praaident (pro tem) Mercer tor tbe able manner In wbioh they have presided on all occa sions. Trustee Meroer replied by saying that tbe unity of feeling whieh baa existed at all times among tba members of the Board made the dntlta of prealding officer light and plsaaant. Ha thanked the members for tbla mark of oourteay shown to President Fox and hlmaelf, and hoped the good feeling now existing would oontinue to bind them together aa inaeparable friends. The Board than adjourned fins cKs, I SUPREME COURT DECISION. [ CHAXMOBS OMMOX.j On the 19th day ot February, A. D. 1881, artlelss of Incorporation of the "Ne vada Benerolent Association" were filed lo tbo ofiico of the County Clerk of Store; ooanty. The object of the corporation being " to establieh and carry on tht business of providing for and giving pub lic entertainments, in the Btateof Nevada, of a musloal and eoientiflo character, to •ell tiokste ot admiealon to inch entertain menu, and to purohaje, bold and dis tribute among the bolder* of inch tieketi personal property, real estate, chose* in aotion and.other valuable thing*, npon ■uch term* and condition* and in such manner and at such times as may be de termined by a Board of Managers to be selected for that pnrpoeo by the Board of Trustees of this company." It is pro vided that so much of the proceeds of said entertainments "a* may be deemed proper by the Board of Trustees, but not leu than MO,000, from each entertainment, are to b# plsoftd In the State Treasury of ths State of Nevada to be used only for snob charitable and benevolent punxwes as may be determined by the Legislature of the Btltl of KtTftdle The "Act to Aid the Nevada Benevolent Association in aiding in providing means for the care and maintenance of the in sane of Nevada, and for other charitable purposes" (approved March 9,1881), de clare* that "it shall be lawful for the Ns vada Benevolent Association of the State of Nevada to give not excoedlng five public entertainments or conoerte; to sell tickets ot admission to tbs same; to distribute among the holdors of such tioksts personal pioperty, real estate, things in action, de mands or other valuables, and to regulate the distribution of all such property or gifts by raffia or other schomes of like char acter.'7 (Stat. 1881,100, Bee. 1.) The Information filed by the Attorney General alleges that respondente, as Trus teee of said association, are, without war rant of law, "advertising, printing, circulating and selling tlokets for publio entertainments * * and that they •• base their rights to advsrtise, print, cir culate and sell tickets for the said publio exhibitions or entertainments, and to pur chase, use, hold and distribute amongst the holders of such tickets personal pro perty, real estate, cboses in action and other valuable things," upon the Aot of the Legislature above referred-to. The faots set forth in the information are admitted by respondents to be trne. Are the acts of respondents without war rant of law 7 Is the Act of the Legislature, approvod March 9, 1881, constitutional ? First—Is tbo scheme or enterprise in which the " Nevada Benevolent Associa tion " is engaged a lottery ? This question is answered in the affirma tive by ths decision of this Court in <x parti Blanchard, 9 Nov., 101. Is that de cision oorroct? It oertainly is. It is sus taired by every decision that has been rendered by the various oourts in the VMIWU UMiWB U|n«U Mita IJUllMUUl Notwitbatandtog thia fact, we irt now earneatly aaked to declaro that tlie muaical entertainment winch the Nevada Benevo lent Aaeoclatlon propoaca to give la not a lottery. Why not? What la a lottery? Every acbeme for the dlatrtbntlon of prixca by chance la a lotterv. (Governor'aof the Almahouae of New \ork va. American Art Union, 7 N. Y... 239; Dunn va. The Peo ple, 40 Ilia., 407 ; Htate va. Short*, 32 N. J.\ L„ 4U1 ; Handle va. Statu, 42 Tel., 585 ; Chavannah va. Bute, 49 Ala.. 31)0; Commonwealth va. Manderfleld, 8 Phil., 439; United Btatea va. Olney, 1 Abb., U. B., 279.) A lottery ia a game of hazard In which amall auma are ventured for the chance of obtaining greater. (Bell va. Htate, S Sneed., 609.) " A contrivanoe for the distribution of pricee by cbanoe; a rellanoe upon the reaulta of hasard ; a declaion of tbo valuea of the adventurer'a inveatment of, the favora of fortune" la a lottery. (Woodon va. Bhotwell, 4 Zab., 79S.) " Where a pecuniary conalderation li paid, and it ia determined by lot or chanoo, according to aome acbeme held oat to the publio what tho (arty who paya the money la to have for it, or whether be ia to have anything, It la a lottery." (State va. Clarke, 33 N. II., 833; Hull va. Kugglee, 60 N. Y„ 427.) ••••••• It makea no dlfferenoe what name ia given to the acbeme. When the eloment of chance entera Into the dlatribution of pricea it ia a lottery, without reference to the name by which it ia called. i. rt. .1 a_ ii ii < i gift sale," ■ aid the Court In Dunn vi. Peo ple, supra, " but it ii none tho leu a lot tery, and we cannot permit blm to evade the penalties of tlie law by so transparent a device aa a mere cliangti of name. If it differs from ordinary lotteries tbe differ enee lies chiefly in tbe fact tbat it is more artfully contrived to impose upon the ig norant and credulous, and is, therefore, more thoroughly dishonest and injurious to society." " The name given to tho process and the form of tlio machinery used to accomplish tboobjoctare not material, provided tho substance of tbe transaction is a distribu tion or disposition of property by lot." (State vs. Clarke, supra.) "Courts will not inquire into tbo name, but will determine too oharacterof the sobctue by the nature of tbe transaction or business in which tbe parties are en gaged." (Handle vs. Stato, supra.) . " Tbe character of tbo scbomo Is in no wiso cbangod by tbe charitable purpose expressed in its title, nor by calling tbo drawings 'entertainments or gift con oerts.' " (Ex parte Blanobard, supra.) " The fact that no plan of distribution has been determined upon does not relieve tbe scheme of its character aa a lottery." (Thomas vs. People, SO Ills., 103.) " Nor is it material," said the Conrt of Appeals in the American Art Union case, " to tbe question in band tbat tho prices were not Known and designated when tbo tickets or chances were subscribed and paid for. Tbe scheme in this respect is more objectionable than a scheme in which tbe prizes are prevloualv fixed, because it affords less security to tbe subscribers that tbe chance purchased is worth tbo money psld for it." We aro of opinion tbat tbo facts stated in tho artiolee of incorporation, in the statutes, and in the information, show that the scheme is one whereby tho Legislature of this State, In consideration of tbo sum of 9350,000, to be placed in tho Bute Treasury, to tbe credit of the " Insane and Charitable fund," attempted to authorize the managers of the " Nevada Benevolent Association " to enrich their own pockets, at the expense of the people of this and other States, by holding out promises of tbe great and sudden gains that might be acquired by the ticket holders; that golden prises would be " the lure to in cite tho credulous and unsuspecting into this scheme." In tbe light of all the facts that have been presented it would be absurd to say that the managers of this scheme are sim ply prompted by deeds of oharity and pure benevolenoe. •••••••• In the faoe and teeth of the decisions, whioh we have refsrred to, we cannot say that tbe scheme proposed by the "Ne vada Benevolent Association " is not a lottery. It has the essential elements and attri butes of a lottery; the distribution of pritee by cbanoe. It la a lottery within tbe defin ition given in the dlctionariee j it is a lot tery according to tbe ordioary acceptation >f that word; it is a lottery within tbe terms specified by the Legislature of this lutein the "Act to prohibit lotteries" Btat, 1873,188|; it Is a lottery within the neaning of that word as used In the Con ititutlon. Seoond— Is the Act approved March 9, 881, constitutional t This qnestlon is as clear and plain to tor minds aa the one already decided. It rill not admit of any reaaonable doubt, ["he language of the Constitution Is ius wptible of bat one neaning. There 1* no oom for construction. Nothing upon rhleh any real or aubetantial argument id 1m bmd " No lottery shall be authorised by this Itate, sor shall the .sale of lottery tickets '"fkwed." [Const, Art, IV. 8m. 34.] The Aot id question attempts to author In a lottery, and to allow the sale of lot tery Uoketa In thl« State In direet viola tion of the plain latter and iplrlt ef tbli provision of the Comtltatlon. It would be a perversion of the language of the Con ititntlon to uy that the Aot la valid. Beepondeati, however, contend that the Constitution " doee not prohibit private lotteries, and was by iu framers intended only to prevent the Legislature from in volving the State, in a system of pnbllo lotteries a* a means of raising money for the servloe of the State," or, in other words, that this oonstltntlonal provision was only intended u a limitation of power to provent the State, as a State, from en gaging in publio lotteries for the pnrpoee of raising means for the'general revenne of the State. Uenoe they claim that the State has the right to authorise private parties to condnot and carry on a lottery of the character specified .in tho informa tion. In support of this position they refer to the debate* of the Constitutional Conven tion in California upon the adoption of a provision In the Constitution of that State Identical with ours. It la not olalmed that theee debates have the weight of a Judicial decision, bat that It la proper to examine them in case of doubt u to the intention of the framers of the Constitu tion. The remarks of the different mem bers shed but little light upon the real questloh at issue. They are u much in favor of the position taken by the Attorney Oenoral as they are in favor of the respon dents. The debatee show that the Consti tution of New York wu referred to in discussing the provision that was adopted in California. Kr. Halleck, who wu in favor of the adoption of the lottery pro vision, in the course of his argument, said: " In nearly all the new Constitu tions you will find this clause. It wu not oontalned in the old Constitution, but In most oases, where they have been amended, It hu been introduced. In the old Constitution of New York, to which referenoe bu been made in the court* of debate, no prohibition wu inserted. Many gentlemen preMnt would remember the famous cue of Yates and Molntyre, which involved not only Individuals of the State In ruin, but was the ooeulon of se rious embarrassment to the State Govern ment itself. Tho result so oloarly estab lished the evils of the lottery system that the Convention of New York, in 1816, in serted a clause in the very first article of the new Constitution (see Section 10] prohibiting lotteriee and the sale of lot tery tickets. It appeared to him * • * that this prohibition wu one of the best that coula be inserted in the article limit ing the powers of the Legislature." The language of the 10th Section of Ar ticle 1 of the Constitatlon of 1846, refer recfto by Mr. Halleck is u follows: "Nor shall any lottery hereafter be authorized or any sale of lottery tiokete allowed with in this State." Id the Governors of Uio Almshouse vs. American Art Union, supra, it WU coti tended by Charles O'Connor, counsel (or the Art Union, m It 1* hero, that tbo Con ■tltntlon *m only intended to provent tbo mischievous practice of railing a reveauo by pabllo lotteries, which bad been for many yean in full vigor both In England and in tbl* country, and tbat tbe prohibi tion! of the Conitltatiou wore only directed againit this particular evil, lie referred to tbe fact, a* do oouniel here, tbat "from 1709 to 1824 publio lotteries were author ised at every aeealon of Parliament." He also referred to tbe debates of the Consti tutional Convention of 1831, for tbe pur pose of showing tbat " public lotteries for pecuniary prise* as a means of raising Sirenue were alone within the contempla on of tbat body." The Constitution of 1821 la in tbcse words: "No lottery shall hereafter bo autboriudin this Btate, and the Legis lature shall pass laws to prevent the sale of all lottery tickets within this Btate except in lotteries already provided for by law." Tbe Court of Appeala in referring to this Constitution, which it declared to be sub stantially tbo aame as tbo Constitution of 1840, said: "This prohibition is general. It must be held to embraco all lotteries, unless there be some very clever and satis factory reason for understanding it in a more limited sense. It waa urged upon tbo argument tbat publio lotteries for pe cuniary prizes as a means of raising rev enue wero alone within the contemplation of the framers of the Constitution. But lotteries have never been created within this Btate for tbe purpose of general rev enue, and there is therefore no ground for believing that the prohibition was In tended to be limited to lotterice for tbat objeot. This would have been restraining a mischief which did not exist, and toler ating tbat which did. Lotteriee bad been authorized by tbe Legislature for tbe bene fit of colleges, for the making of roads, for mu uuiiuiug ui Udu^ra, iui iuo iui|iiu«<r men! of fsrrles, for tbe erection of boe piUli, and for various other purposes equally commendablo and beneficial. All these were clearly wltbln the prohibition. Tbe prohibition wu not aimed at tbe ob jects for which lotteriee bad been author ized, but at that particular mode of accom plishing each object*. It waa founded on tbe moral principle that eril ahould not be done that good might follow, and opon tho more cogont practical reason that tbe evil consequent on this perniclon* kind of gambling greatly overbalanced in the aggregate any good likely to reenlt from it. Tbe promotion of the line arta la un doubtedly a commendablo object, but the prohibition oontaine no exonption In ita favor on that ground. • • • • • The intention of tho framera of tbe Con* atitution undoubtedly wu to forbid the future granting of any inch lotteries aa had at any time prerloualy been author ised by law, and by requiring the Legis lature to pun lawa to prevent the aale of all lottery tieketa, to put an end to all inoh distribution of money or goods by lot or chanoe as had theretofore been for bidden by statute under tbe name of private lotteries." Tbe argument that tho wordi " by this State" wcro inserted for the purpose of preventing tho Legislature from authoris ing publio lotteries a* a means of raising rovenue. and that the provision was not Intended to prevent the Legislature from authorising private lotteries, la wbollv un tenable. No authority haa been produced in ita aupport and we are satisfied that none can be found. In construiog this provision of the Con stitution the last sentence is as important aa the drat. If the framera of the Constitution bad Intended by the use of the words: " No lottery shall be authorised by this State," to only limit the legislative power to pub lio lotteriee, conducted and managed solely by the State for the purpose of raiaing revenue, they would not have used tbe language they did In the ooneludlng sen tence, " Nor shall the sale of lottery tick ota bo allowed." These words clearly show that it was not Intended that any lottery abould be authorised by this State for any purpoee. The words " by this State," u uaed in our Constitution, and the words " in this State," "or within thia State." as used in the Constitutions of New York, have virtually the same meaning. " No lottery aball be authorised by thia State, nor shall the aale of lottery Ucketa be allowed." Thia language applies to all lotteries, wbetbor publio or private. To lotteries conduoted by tbe State; by the cburcb; S private individual*; by benevolent and trltable associations, and by corpora tions. No lottery of any kind can be author ised by tbe Legislature under the present Constitution. • ••••'••• We again repeat what, It seems to a*, mnst be evident to every unbiased and im partial mind, that tbe language of tbe constitutional provision is too plain for argument. That under it tbe Legislature cannot authorise any lottery in this State, and that tbe Act approved March 9,1881, 1* null and void. We are oonsclons of tbe fact that it was ! unnecessary to add anything to the reason ing of tilt* Court la ex part* B "ncbard , which la, of itself, absolutely conclusive 1 upon both of the points we have discussed. j Bnt it has been attempted, by a.desire upon our part, to ebow that bo authority ] wold bt found la any of the adjudicated owm io the United States to sustain Um position contended (or by respondenU, and that no argument baa been advanoed by respondents, npon either of tbeai poinU, that baa not heretofore been de cided advereely to tbam by the Oonrta oi other Btataa, when the constitutional provisions are substantially the aama aa oar own. It ia proper to add that we have air I red at the conclusion stated without consider ing the qaaation of the morality, or im morality of tbU partlealar aobeme. II makea no dlfferenoe whether It waa aat on foot purely for the pnrpoee of railing rev enue for the benefit of the "Inaane and Charitable Fund" of this State, or whether it belonged to that olaas of lotteriee thai are made up of pecuniary priiee and min uter to the love of gain ; wboee schemes address themselves In the groeaeat and most revolting form direetly to that aordid paaaion, and to no other aentlment; where the managera receive a pecuniary profit and enllit•• a corps of active seduoers to draw the weak and unpary Into the pur chaae of ticket* " by extensive advertise menu eontalnlng brilliant pictures of the favorable chanoae to acquire auddan wealth. It may be admitted for the purpoeee of thia decision, as was srgued by respon dents' oounsel, that the people of thia State are eeaenttally a gambling people, ready at all timee to take the desperate chanoae which lotteries afford, ana that no In jurious effecU upon the moraU of the peo ple would result if thU game of chanoe waa allowed to prooeed. TbU queetion U one that must be con sidered as settled by the adoption of the constitutional provision [ex parte Darling, recently decided. ] In the Art Union caae, to which we have frequently referred, it was claimed that the cnterprUo waa really of a meritorious character, and that it differed, in thU re spect, from the lotteriee where the mana agers were to receive the lion'e share of the profile. The Court, in anawer to thU argument, ssld: "Ifno lotteriee hsd existed exoepting such as is contained in the Art Union scheme, it is not probable that they would have been forbidden by the Constitution or by law. IU mischiefs are certainly not so a|jparent aa if its prlsea were to be paid In money, or aa it would be If framed for the purpose of enticing the neoeeaitoua and improvident into ite haxarda. But thU caae cannot be decided aooordlng to the views we may entertain of theptobablo good or evil consequent upon the execu tion of the aoheme. Tho Constitution took away the power of determining whether this or any other lottery waa of good or evil tendency, and oertelnly did not intend to confer that power on the Judicial tribunals. If it were to be ad mitted that the scbemo is entirely harm less in ite consequences, it would form no J M 1.1 I. a i.. ji.i.i QIWUUU >WI MUIH| II J JUUIWiai wvu * Htruction an exception to tbe general and absolute constitutional prohibition." " The lav kooira no person; it 1* no made for tbe individual man, bat (or men. A* the dew of heaven falla, ao It bean alike upon tbe joet and nnjoat." [State VI. Pleroe, 8 Nev., 301.] It amllM and frowni upon all alike. It make* no diitinoiiona. Bubmiaalon to ita authority I* incumbent upon all. Third—It la unnecessary to diaeuia any of tbe other polnta auggeited by reepon denU' council. We will not presume, in advanoe, that rcepondunta intend to violate tbe law. From the view* already ezpreaeed it li apparent that it would make no difference whether reipondenta baaa tbeir right to act in the prumises under tbe artlclea oi incorporation or under tbe provision* ol the Act of the Legislature. In either event tbeir Acta would be without warrant of law. Tbo Judgment of this Court is that the respondents have no right, liberty, or franchiae, by virtue of any law, to adver tise, print, oirculate or aell any tioketa In the eebeme or enterpriae of tbe " Nevada Benevolent Association" within thia Bute, or to do any of the acta specified in tbe statute, "to aid tbe Nevada Benevolent Association," approved Maroh 9,. 1881 |8tat„ 1881, 1C8|; and that the coata of thia prooeedlng be taxed against them. Hawlct, J. We concur: Lkokaad, 0. J. Bxuutar, J. An unuiniiiiiic. Ta Amend Heetloa 34 of Aa Ordlaaaca Ta Fix aad fallen a Lleaaea Tax «m Ce'tala Trndee aad Haalaeae 'I hla the Corporate • Imlt* of lha Tawa af uald lull, yaiatd April *43 1S77i mBK BOARD OP COUNTY COMMISIOI X ert of Mtnrey county do ord.ln: That Section U of An Ordinance to Fix tod Collect a Llcenee Tax Up< n Certain Trade* and Bualneee Within the Corporate Llmlto of the Town of Oold Bill, be and the tame la hereby amended to aa to read at follow*: Kvery per aon or pertont wbataover, who ehall tell or elhr to etll. dellTer or offer to deliver, within the limit# of the Town of Uold Bill, not a reel dent of aald town, and doing baaineaa In aald town, under a lloenee duly leaned therefor, any good., ware* or mtrchaudlM of any character or detcrlptlon whatever. coming from w thout the limit* of Oold Bill, aball pay therefor a quarter!/llcenee aa In the following tcbedule: Hlr»t Claee—Montfily aalea or receipt* of five • tbouaand dolltre and over, quarterly lloenae aeventy-five dollir*. Secood Claae—Monthly rocelpta or aalee from four to five tbouaand dollar*, quarterly Ilcenae fllty dollaia. ihlrd Olaaa—Monthly recelpta or *alee from three to four tbouaand dollar*, quarterly Ilcenae forty dollar*. Fourth Uat»— Monthly recelpta or aalee from two to three tbouaand dollar*, quarterly Ilcenae thirty dollar*. Fifth Claee—Monthly receipt* or aalee from one to two thouaand dollar*, quarterly Ilcenae twenty dollar*. Sixth Claaa-Monthly recelpta or aalee under a thousand dollara, quarterly llctnee ten dol. llll. Faaeed February 4th, 1883. Atteel i J. A. MAtlAHMT, Clerk. AN ORDINANCE. Ta Amend Moeilea Ferty-eae af aa Ordl* aeaca af lha Tawa af Gald Ulll* Kn. killed M Aa Ordlaaaea ta Fix aad Cai kl a loneaea las IJ.aa I'ertaia Tradae aad Maelaoae H'lthla lha t'ar •anl* l.imlie af lha Tawa af Uald Mill," Paaaaa April 43, 1WT. mnfi BO AID OF COUNTY COMMISSION. A en of Storey County, h evade, do ordain : Sio.l. Section <1 of anOrdlnaac* of the Town of Oold Bill, entitled an Ordinance "To fix and collect a Hecate tax upon certain tradee aad boalneee within the corporate limit* of the Town of Oold Bill," paaeed April n. 1877, la hereby amended ao at to teed aa follow*: Sic. 41. Kvery perton or firm engaged la lb* bualneta of manufacturing Wine*, Cider, Soda, Banaptrlllt. Malt or Mpirituoua Liquor*, Boap and Borax tbiU pay quarterly, for Uceoae to carry on the tame, according to hie or their are race monthly aalea or receipt*, a* in the fol lowing ecbedule t Pint Olaaa-Monthly aalea or reeelpta One Tbouaand Dollar* aad over, quarterly Ilcenae Twenty-Are Dollara. Second Claee— Moatbly aalee or reoelpta Six Hundred Dollara or over and uader One Tboua and Dollar*, quarterly lloetae Twenty Dollar*. Third Claee—Monthly aalee or .reoelpta under Six Bundred Dollara, quarterly Ilcenae Fifteen DoOan. WM. WKBBBR, 1 d. a. fkabkh, J Oo"m"u*i Faaeed September ltth. J. A. MaUAKaT. Clerk. 14 OROINANCE NO. 118. AN OBDIN^NCB la irerld* par lha I4TT af Taxee aa Real aad Peraaaal Property wlthla tba T.wa mi Uald lllll. * [Paeead April IS, 1W.J rpBB BOARD OP TKU8TXM OP GOLD BUI do ordain: Sacriox 1. An annual ad valorem Ux of one ind one quarter per centum upon tba value of taxable property within the Town of Oold BUI la hereby levied aad directed to ha collected for town purpoaee upon tbe ai in il l value of all mcb taxable properly made taxable by tba lawa X tbla rule for Mate and oounty purpoaet, la. :lading the oet proceed* of the mlnea. ■ao. «. The taxee levied by aectlon 1 of thia ndtnaace, aad to be liaeaaad aad oolleeted la icoordasee wltn the j rovlaloat of aa ordinance mailed. "An Ordinance to provide for the levy ad collection of taxet on ml aad pereonal *oparty within lha Town of Oold BUI,vpaaeed ipnl 1«. 18111 and alto, aa ordinance entitled, la Ordlnaa i to provide for the Ume and dtaner of aaeertalnlng the value of the net pro •eda of mlaea for the pvpeee of laiatma, aad a provide far tba collection of eaeh taxee. , L. T. POX, >rt*ld*atoftboBoerdof Traateeaof Ike Tows of QoldBUL 1 tii iiiram mil AN ACT iBiteHty f —« Mm—mrr M Mi AM MUIM, • "li let to Create a Board af Coaatj Caawlaaloaen la tie Several Coaattea or Tkla State, tad to lelae Their Outlet and Tower*." Tkt Ptoplt 0/ tin StaU tf AWa, rtprt mttd in lit StnaU and innl/ty, do mmj q| yj/fjm • Skotiox 1. Saotion four of Mid Aot U bar* by amended m m to md u folio vi: "Section 4. If any time after the final adjoarnment of * regular meeting the bailDMs of tha Coaotj dull reqolre * mMilng of the Board, a epeclal meeting of Um Mfflo may ba ordered by any nan bar of the Board. The order shall ba aa* land on tba raoorda of tha Board, and tba Clark aball give notloa of anob apaclal maetlnf and tba tima tbaraof to any nam bar of tba Board not joining in tbaordar." • fltoTioK 9. Mo County Commiaeloner la tbla Stata aball hare powar or privilege to maka any adranM to any Indlgant or In firm or other paraon or paraona, axoapt tba aiok m a charity, andar any prataxt what am, of any monay, cradlt, aacarity, mar chandUa or othar ralaabla, for any pur poM, nntil tha aama aball bara baan paaaad upon and allowed at a maatlng of tha Board. Section I. Mo County Commiaeioner or Board of County Commiaaionera in thia State (ball ban power to main any appro priation or payment of any monay, obandlM or other valuable to any indigent poo/, infirm, or other peraon or poraona, exoept the ilok u a charity, nnlaaa the urn* iball bar* been prtTlooily reoom men dad aa nooeaaary by two or mora prop erty-taxpayera of tba oonnty. Tba recom mendation mnat ba in writing, and (ifned by two or mora proparty-toxpayer* of tba oonnty, and paaaad npon, and payment aotboriaad by tba Board of Connty Com miaaionara at a meeting of tba Board. Section 4. No Connty Commiaaionar or Board of County Commlaalonen in tbia State (ball bare power to make any appro priation or payment of any money, mar cbandiaa ar otber valuable to any aick par ion or paraona, nnleaa tba aama abail bare been prevlouaiy raoommandad in writing h neoeeaary by a reeident of tba oonnty. Section S. No claim of any Commia aionar for payment, allowanoe or adranoe of any money, marcbandlaa or other prop arty, to any indigent poor, infirm vr aick paraon or paraona, iball M allowed or paid, unleea preeentad and antboriaad aa provided in Seetiona 3 and 4 of tbia Act. Section 6. It a hall ba tba dnty of the Board of Connty Commiaaionera to keep on file in tba Connty Clerk'a oflioa all raoommandationa mentioned in Seetiona S and i of tbia Act, and tba aama a hall ba open to inapeetion to any reeident of the oonnty. Section 7. If the Board of Commia sioners In uj oounty la this State, or any number of any Board, (hall violate any provisions of this Act, such mimbtr or members so violating shall be deemed gullly of a misdemeanor, and on oonvlc tlon thereof ihall ha fined in any ran nol exceeding ona hundred dollar* or lea* than fifty dollari, and (hall ba liable for any loaa, damage or expanaa eoitalned by tba ooanty in conieqaence of such violation. Section 8. Thia Aet to take affect in any ooanty in thia Bute baring polled mora than fifteen hundred Tola* at tba laat General Election in 1880. Approved February 14,1881. State or Nevada, I Secretary'e Office. ( I, Juru Babcoce, Secretary of Stat* of tba State of NsTada, do hereby certify that tba foregoing it a true, fall and correct oopy of tba original of an Aet amendatory of and supplementary to an Aet entitled, •• An Aet to oreate a Board of County Commiaeioners in tba several ooantiea of this State, and to da fine their dotiaa and powers," on file in my offloa. In witneaa whereof, I bare hereunto eat my band and affixed tba Great Seal of State. Dona at ofBaa in Canon City, Nevada, thia 7th day of March, A. D. 1881. [seal.] JAIPfcB BABCOCK, Secretary of State. Published by order of Board of Ooanty Commiaeioners of Storey ooanty. MATT. CANAVAN, Chairman. J. A. Maiaxvt, Clerk. PATENTS. We continue to eel ae Solicitors tsr Patents, Qaveata. Trade Marks. Oopjrlrtle. etc., ue United Htales, Canada. Cube, Knglsnd. France. Deraany, etc. We have had tblrtf>l*e ' ntonIs*obtatal3 through ae are noticed ta the gcnmno Anaioaa. Tbls taiga ant iplsadld lllaetiated weakly paper, 8* »a year, ibowa tbe Preareea of tclsnee. la vary tatasaet BSC* 2ST'»***• eud a mo* mom nma mi dm.