Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-17
The lsssery sshsas % the Ne
vada sss-vsiess Assssiastsa DE-
slssed Unss ssstsasioasl.
UNANIMOUS ornuox.l

vided that 90 much Of the proceeds Of sait
sntertainments 'as may be deemed propel
| by the Board Of Trustees. bot not less thai
$50, 900, from each entertainment. are x
be placed In the State Treasury Of tn
Stais Of Nevada 70 b used oaly for suol
charitable and benevolent purposes - maj
b determined By the Legislature OF sh'
ststs Of Nevada."
The "Aet TO Aid the Nevada Bsnsvolen
Association In aiding In providing means
for the care and maintenance Of the In
sane Of Nevada. and for other charitable
purposes" approved March .. iSSt)' Dc
clares that iii shall be lawful Tor the Ne
vada Benevolent Association OF the State
Of Nevada 10 give not exceeding dve public
entertainments or concerts; to sell ticket'
Of admission 10 the same; to distribut,
among the holders Of such tickets persona
property, real estate. things In action. de
msnds or other valuables, and 10 rsgulst,
the distribution Of all such property OF
gifn BY rsfie or other schemes Of like char
scter." tStat. 1881, i66, Sso. ~
The information hlsd BY the Attorney
General alleges that respondents. - Trus
tees Of said association. arc, without var
rant Of Law. advertising. printing
circulating and selling tickets for public
entertainments . . -" and that they
" bass their rights to advertise, print, cir
culsts and sell tickets for the said public
exhibitions or entertainments. and 10 pur'
chase, use, hold and distribute amongst
the holders Of such tickets personal pro.
psrty, real sstate, chooses In action and
other valuable things." upon the Act ol
tho Legislature above referred TO.
The facts set forth In the information
are admitted BY respondents 70 be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March Q, 1881, constitutionalf
First-Is the scheme or enterprise 10
which the "Nevada Benevolent Associa'
ton" IL engaged lotteryf
This question 10 answered In the anirms-
tive by the decision Of this Court In q
parts Blanchard. 8 New, l04. Il that de.
cision oorrcctf II certainly 10. II is sus'
tAirsd BY every decision that has been
rendered BY the various courts in the
United States upon this question.
Notwithstanding this fact. Ne are nov
earnestly asked to declare that the musical
entertainment which the Nevada Bensvo-
lent Association proposes TO give II not 9
lottery. Why not? What is lottery
Every scheme for the distribution Of prizes
BY chance 10 lottery. Governors Of the
Almshouse Of New York W. American Art
Union. z N. Y... 2ss; Dunn ~. The Pee-
pie. 40 Ills. 467 State W. Shorts. 50 N.
j.; L.. 40i; Randls ". State. a Tex.
SIS Chavannah ". State. - Ala. ss6 ;
-l.A M..Aa-Aall DILL
43s United States W. 0lnsy, I Abb, U.
s.. 27s.)
A lottery IL game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. tBsll vs.. s'ass' .
"A contrivsnce for the distribution OF
price BY chance . reliance upon the
results Of hazard . decision Of the values
Of the adventurer'a investment Of the
favors Of fortune" 10 . lottery. (wGoden
70. Shotwsll, Z Zab., 1851
"Where . pecunisry confederation ID
paid. and II 10 determined BY lot or chance.
according 70 soms scheme held on. 10 the
public what the party who pays the money
10 to have for IL, or whether he 10 10 have
anything. 10 10 . lottery" (Stats W.
Clarke. IS N. H., S35; Hull W. Ruggles.
SO N. Y, 427.) . . .
II makes no difference what name IL
given to the scheme.
A rose By any other name would smell as sweet;
a thorn BY any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 . lottery.
without reference TO the name By which II
IL called.
"He may choose 10 call his business q
Gift sale." said the Court In Dunn W. Peo-
ple, supra, "but 10 10 none the less . lot.
tery, and We cannot permit him to evade
the penalties OF the Law BY % transparent
. device a. . mere change Of name. II II
differs from ordinary lotteries the differ
ence lies chiefly In the fact that II 10 more
artfully contrived to impose upon the ig
norant and credulous, and 10. therefore
more thoroughly dishonest and injurioui
70 society"
"The name given to the process and th,
form Of the machinery used 10 accomplish
the object are not material. provided ths
substance Of the transaction II distribu
ton or disposition Of property By lot
/ tStats W. CLARKE. supra.)
Courts will not inquire into the name
but will determine the character Of ths
scheme By the nature Of the transactior
or business In which the parties are en-
gaged." (Rsndls ". Stats. supra.)
The character Of the scheme 10 In M
wise changed BY the charitable purposs
expressed In it, title, nor BY calling tht
drawings entertainments or gift con
certs.'" (Ex parts blanchard. supra.l
"The fact that no plan Of distribution hai
been determined upon does not relieve th'
scheme Of is character - lottery
| Thomas W. People. 50 Ills. 1881
"Nor 10 IL msterial." said the Court O.
Appeals in the American Art Union case
"to the question In hand that the prize
were not known and designated whsn th,
tickets or chances we're subscribed at
| paid for. The scheme In this respect !
more Objectionable than scheme In whicl
the prizes are prsviously hxed. because !
| Affords less security to the subscribers tha
the chance purchased Is worth the mono!
We are Of opinion that the facts statst
| In the articles Of incorporation. In th
statutes, and In the information. shov ths
the scheme IL one whereby the Legislstur
Of this Ssats, in consideration Of the sun
Of S2so, 900, 70 be placed In the Stat
| Tresaury. 70 the credit Of the Insane AM
| Chsritabis Fund, !" attempted 10 aushorix
| ths mansssrs Of the " Nevada Bsnsvolsn
| LssocIation " 70 enrich their own pockets
AZ he expsnss Of the people Of this an
| other States, BY holding out promises Q
The grss, and sudden gains that mish: :. .
scouirsd by the ticket holders; tha
| .ois,.n n,;,ss vould be .. the lure 70 In
cits the crsdulous and uasuspsssins int
In the light Of all the facts that hav'
been presented 10 would b absurd 70 %!
that the managers Of this schsms are sim
ply prompted By deeds Of charity and pur
bsnsvolsnoe. .
In the face and tssth Of ths dseisisns
which We have referred 70. ws cannot q,
that the scheme proposed By ths me
vada bsnsvslsnt Association - nss
Lottery.