Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-14
SUPREME COURT DECISION.
The Lottery scheme OF ths Ne
vaaa nss~vslsss Assseisssss DE-
slased Unoo ooasstsusieaal.
IuSAsrxors opIsIoS.l

On the 18th day OF February, A. ID.
1881, articles Of incorporation Of the "Ne.
y.da Benevolent Association" were aled
in The Office 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 4 musical and scientific character, to
ssll tickets Of admission 10 such entertain
ments, 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 aud In such
manner and at such times a may DO de-
termined by Board Of Managers to be
selected for that purpose by the Board Of
Trustees Of this company" 1t Is pro-
vided that 10 much OF the proceeds OF said
entertainments "ss may be deemed proper
BY the Board Of Trustees. but not less than
$50. 900. from each entertainment, are to
be placed in the State Treasury OF the
Staie Of Nevada 10 be used only for such
charitable and benevolent purposes a. 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 tho In.
sane Of Nevada. and for other charitable
purpose approved March .. 1851, de-
clsres that '.it shall be lawful for the No.
vsda Benevolent Association Of the State
Of Nevada to give not exceeding fve public
entertainments or concerts; to sell tickets
Of admission TO the same to 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 rattle or other schemes Of like char
acter." (Stat. 1881, l66, Sec. ~
Tho information filed BY the Attorney
General alleges that respondents, a. 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.
culats 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.
IQ0 IAGI8 SCI loEtu Au 49, ihASt A4eaSS
are admitted by respondents to be true.
Are the acts Of respondents without war
rant Of law?
l. the Act Of the Legislature, approved
March Q, 1881, constitutional?
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa.
tion" 4" is engaged lotteryr
This question 10 answered In the afirma.
tive BY the decision Of this Court In s<
parts Blanchard. o New, l04. Is that de.
cision correct2 II certainly 10. II 10 sus.
taired BY every decision that has been
rendered BY tho 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 notl What Ii . lottery
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors Of the
Almshouss Of New York W. American Art
Union, z N. Y.., 2s9; Dunn ". The Pee.
pie, 40 Ills. 467 State ". Shorts, 81 N.
j.; L., 40i handle vs. State. AZ Tex,
5S5 ; Chavannah W. State. 40 Ala. 396;
Commonwealth W. Manderheld. Phil,
45s United States W. Olney. Abb, U.
g.. 279.)
A lottery is . game Of hazard in which
small sums are ventured for the chance Of
obtaining greater. BELL W. State, 8
Sneed., 609.l
"a contrivance for the distribution OF
price by chance . reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment Of the
a g. l. lns IwrAl.n
70. shotwsll. Z Zab.. 1851
"where . pecuniary consideration 10
paid. and II 10 determined BY lot or chance.
according 70 some scheme held out 70 the
public what the party who pays the money
10 to have for IL. or whether hs 10 to have
anything. IL is . lottery" Estate vs.
Clarke. 50 n. H., 335; Hull W. Ruggles.
Sc n. Y, ALL
II makes no difference what name 10
given to the scheme.
ros. By auy other name would .meil ssswes,;
4 thorn BY any other name would prick % deep.
When the element Of chance enters into
the distribution Of prizes II is'a lottery.
without reference to the name by which 1t
10 called.
"He NAV choose TO call his business Q
Gift sale" said tho Court 10 Dunn W. Pso.
Die, supra. "but IL 10 none the less lot
terry, and we cannot permit him to evade
the penalties Of the Law BY % transparent
. device a. . mere change Of namo. II 1t
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 Injurious
TO society"
"The name given to the process and the
form Of the machinery used to accomplish
the objeceare not material. provided the
substance Of the transaction IL distribu.
ton or disposition Of property BY lot"
(State W. Clarke. supra.)
Courts will not inquire into the name.
but will determine the character OF the
scheme by tho nature OF the Transaction
or business In which the parties are en-
gagged" (Rsndle vs.. State, supra.)
"The character Of the scheme 10 In no
wise changed BY the charitable purpose
expressed in its title, nor by calling the
drawings entertainments or gift con.
eerts.'" (Ex parts Blanchard. supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
bCuomos VI ChAAeSsot -
Thomas ". People. 80 Ills. 1881
"Nor 10 IL material" said the Court OF
Appeals In the American Art Union case.
"to the question In haud that the prizes
were not known and designated when the
| tickets or chances were subscribed and
paid for. The scheme In this respect ID
more Objectionable than scheme In which
the prizes are previously fxed. because II
Affords less security TO the subscribers that
the chance purchassd is worth the money
We arc Of opinion that the facts stated
| In the articles Of incorporation. In the
statutes, and In the information. show that
| the scheme IL one whereby the Legislature
Of this Stats. In consideration Of the sum
Of $2so. 900, 70 be placed In the STATE
Treasury, 10 the credit Of the Insane and
Charitabls Fund.-" attempted 70 authorize
the managers Of the Nevada Benevoien'
Association " TO enrich their own pockets,
A. the expense Of the people Of this and
other States. by holding out promises ol
the great and sudden gains that might o.
acquired BY the ticket holders; tna'
golden prizes would be "the lure to In
- su1 uuausnaetiUg Into