Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-14
SUPREME COURT DECISION.
The Lottery scheme Of she Ne
vada ues~vsisss Asssssasiss Do.
eiassd Uneosssisastossi.
IrSAxxous OPINION. /

On the lStu uAy VI KeeteeAy, =.
1881, articles Of incorporation OF the "Ns.
ysds Benevolent Association" were died
in the ofice OF the County Clerk OF Storey
county. The object OF the corporation
BEING "to establish and carry on the
business Of providing for and giving pub
lie entertainments. In the State OF Nevada.
Of musical and scientific character. to
eel tickets Of admission TO such entertain.
msnu, and TO purchase. hold and dis
tribute among the holders Of such tickets
personal property. real estate. chooses In
action and other valuable things. upon
such terms and conditions and In such
manner and st such times - may be de-
tsrminsd by Board Of Managers TO be
selected for that purpose by the Board OF
Trustees Of this company" IL 10 pro-
vided that 80 much Of the proceeds OF said
entertainments "as may be deemed proper
By the Board OF Trustees. but not less than
$50. 900, from each entertainment, arc TO
be placed In the State Treasury OF the
Ststs Of Nevada 70 be used only for such
charitable and benevolent purposes as may
BE- determined By the Legislature of tho
State Of Nevada"
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 3. lSSD, de.
clarss that "it shall be lawful for the Nc.
vada Benevolent Association OF the State
Of Nevada TO give not exceeding hvs public
entertainments or concerts; 70 sell tickets
OF admission to the same " distribute
among tho holders Of such tickets personal
property, real estate. things In action. de-
mands or other valuables. and TO regulate
the distribution Of all such property or
gifts By rxfie or other schemes Of like char
scter." (Stat. 1881, l66, SEQ. IL
The information fled by the Attorney
General alleges that respondents. As Trus-
tees Of said association. are, without war.
rant Of law. advertising. printing.
circulating and selling tickets for public
entertainments -, and that they
" base their rights to advertise. print. cir.
culate and sell tickets for the said public
exhibitions or entertainments. and to pur.
chase. use. hold and distribute amongst
the holders Of such tickets personal pro.
perty. real estate. chooses IN action And
other valuable things" upon the Act Of
the Legislature above referred to.
The facts set forth in the information
are admitted by respondents TO be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March o. 1881. constitutionalf
First-Is the scheme or enterprise In
which the "NevadA Benevolent Associa.
ton" Is engaged lotteryp
This question 10 answered In the afirma-
tive by the decision Of this Court IN er
parts Blanchard. . New. l0a. Is that de-
cision corrcctp II certainly 10. II Ia sus.
taired BY every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact. We are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes to give 10 not
lottery. Why not2 What Is lottery
Every scheme for the distribution OF prizes
by chance 10 . lottery. Governors VI the
Almshouss Of New York W. American Art
Union. z n. ". 2s9; Dunn W. The Peo-
pie, ~ Ills, 467 State W. Shorts, ~ n.
j.; L., 40l Randle vs.. State, AZ Tex,
5s3 Chavannah W. State, ~ Ala. Ss6
Commonwealth vs.. MAuderheld, Phil,
45s United States ". Olney, l Abb, U.
h., 279.)
A lottery IL game Of hazard in which
small sums are vsntured for the chance Of
obtaininx greater. BELL u. State. .
snsed.. b09.l
"A contrivance for the distribution OF
prizes BY chance; . reliance upon the
results Of hazard decision Of the values
Of the adventurer's investment Of the
favors OF fortune" 10 . lottery. (weodsn
W. shotwell. 4 Zab.. 1851
Where Q pecuniary consideration 10
paid, and IL 10 determined by lot or chance.
according TO some scheme held out 70 the
public what the party who pays the money
II TO have for 10, or whether he 10 TO have
anything, IL 10 0 lottery" (State ".
Clarke. IS N. H.. SIS; Hull 70. Rugsles,
@ N. Y, 427.)
II makes no difference what name 10
given to the schsme.
A rose BY any other name would smell ssswesf;
a thorn BY any other name would prick - Deep
When the element Of chance enters into
the distribution OF prizes 10 10 . lottery.
without reference 70 the name by which 1t
10 called.
"He may choose TO call his business Q
gift sale," said the Court In Dunn W. Peo.
pie, supra, "but IL 10 none the less lot.
terry, and we cannot permit him to evade
the penalties Of the law BY 90 transparent
. device - mere change of name. II u
differs from ordinary lotteries the dinsr'
encs lies chiefly In the fact that 1t 10 more
artfully contrived TO impose upon the ig-
norant and credulous. and 10. therefore,
more thoroughly dishonest and injurious
70 society"
"Ths name given to the process and the
form Of the machinery used TO accomplish
the object are not material. provided the
substance Of the transaction Ii distribu.
tion or disposition Of property BY lot"
(state ". Clarke. supra
Courts will not inquire into the name,
but will determine the character OF the
scheme by the nature Of the transaction
or business In which the parties are en-
gagged" (Randls W. State, SUPRA
!" The character Of the scheme 10 In no
wise changed by tho charitable purpose
expressed in its title, nor BY calling the
drawings entertainments or gilt con.
oeru.'" (Ex psrte Blanchard. supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character ~ lottery
Thomas W. People. SO Ills, 1881
." Nor 10 IL material" said the Court Of
Appeals In the American Art Union case.
Ito the question In hand that the prizes
were not known and designated when the
tickets or chances were subscribed and
paid for. The scheme In this respect 10
more Objectionable than scheme In which
the prizes are previously nxed. because It
affords less security to the subscribers that
the chance purchased is worth the money
paid for it."
We are Of opinion that the facts stated
In the articles Of incorporation. In the
statutes, and In the information. show that
the scheme 10 one whereby the Legislature
Of this State, In consideration OF the sum
of S250, 600, TO be placed In the State
Treasury, 70 the credit Of the Z" Insane and
Charitable Fund" attempted TO authorize
the managers Of the "Nsvads Benevolent
Association " 70 enrich their own pockets.
4, the expense Of the people OF this and
other Stated. by holding out promises Of
the great and sudden gains that might %
acquired BY the ticket holders thas
golden prizes would be "the lure 70 IN
"a. .h...o,,,tors and unauapectinR into