Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-07
SUPREME COURT DECISION.
The Lottery sehens Of she Ne
vada oea-veless Asssoiasssn De-
Glazed Uacsssiisusisasi.
UNANIMOUS oPrSIoS.l

On the 10Th day OF February, a. u.
1881, articles Of incorporation Of the "Ne.
ysda Benevolent Association" were dled
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 mudcal and scientific character, to
sell tickets Of admission to such entertain.
ments, and 10 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 at such times - may DO DC.
termined by Board Of Managers to be
selected for that parpose BY the Board OF
Trustees Of this company" II 10 pro.
vided that 90 much Of the proceeds OF said
entertainments .as may be deemed proper
by the Board Of Trustees. but not less than
$50, ,OO0, from each entertainment, aro TO
bs placed In the State Treasury OF tbs
state Of Nevada 70 be used only for such
charitable and benevolent purposes - may
be determined BY the Legislature OF the
State Of Nevada-"
Tho "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 3. 1851, de-
clares that ''it shall be lawful for the Ne.
yadA Benevolent Association OF the State
of Nevada TO give not exceeding hve public
entertainments or concerts; to sell tickets
of admission TO the same to distribute
among the holders Of such tickets personal
pi ioperty, real estate. things in action, de-
mahds or other valusbles. and to regulate
the distribution Of all such property or
gifta BY rattle or other schemes OF like char
acter." tStAt. 1881. l66, Bee. l)
The information filed BY tho Attorney.
General alleges that respondents. - Trus.
tees Of said association, are. without war.
rant Of law. advertising. printing,
circulating and selling tickets for public
entertainments . o." 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 Aot OF
the 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 law1
II the Act Of the Legislature. approved
March 8, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nevada Benevolent AssociA'
ti0n" is engaged lotteryf
This question is answered In tho afnrma'
tive by the decision Of this Court IN sr
parfe Blanchard. 3 New, l04. IL that de-
cision cvrrectp 1t certainly is. IL Ia sus.
tzired by every decision that has been
rendered BY the various courts IN ths
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 70 give 10 not .
lottery. Why not2 What 10 lottery
Every scheme for the distribution OF prizes
by chance Ia lottery. Governors of the
Almshouse Of New York vs. American Art
Union. Z n. ". 239; Dunn W. The Peo.
pie, ~ Ills, 467 State VI. Shorts, 81 n.
j.; L., 4Ol handle W. State. ~ Tex,
685 Chayannah vs. State, 49 Ala. 396
Commonwealth vs. Manderheld. = Phil,
459; United States vs. olnsy. Abb. U.
S., 279.l =,
A lottery 10 game Of hazard in which
small sums are vsntured for the chance Of
greater. BELL vs.. State b
Sneed.. 609.l
"A contrivancs for the distribution OF
price by chance; . reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment OF the
fAvors OF fortune" 10 . lottery. twCoden
W. Shotwell, 4 Zab.. 1851
"where . pscuniAry consideration 10
paid. and u 10 determined BY lot or chance.
according to some scheme held out to the
public what the party who pays the money
10 TO have for IL. or whether he 10 to have
anything, IL 10 . lottery" (stste vs..
Clarke. 50 n. H., SS5; Hull W. Ruggles.
So N. Y, A27.) - .
II makes no difference what name 10
given to the scheme.
A rose By any other name would smell - sweet;
a tnvrn by any other name would prick ss deep.
When the element Of chance enters into
the distribution Of prizes IL II lottery.
without reference to the name by which II
10 called.
He may choose TO call his business 0
gift sale" said the Court in Dunn vs. Pso.
Die, supra, "but IL 10 none the less lot.
terry, and We cannot permit him to evade
the penalties Of the law by 80 transparent
device as mere change Of name. II 1t
differs from ordinary lotteries tho differ.
sncs lies chiefly In the fact that IL y more
srtfully contrived to impose upon the ig-
norant and credulous. and 10. therefore,
more thoroughly dishonest and injurious
to society"
"The name given 10 the process and the
form Of the machinery used to accomplish
the object are not material. provided the.
tion 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 the nature Of the trsnsaction
or business In which the parties arc en-.
gagged" (RsndIe vs. State. supra.)
" Tho character Of tho 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 parte Blanchard. supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character - . lottery"
Thomas ". People. so Ills, 1851
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 fixed. because 1t
afurds 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 ono whereby the Legislature
Of this State, In confederation Of the sum
Of S230. 900. to be placed In the State
Treasury, 20 the credit Of the Insane and
Charitable Fund" attempted 10 authorize
the managers Of the "Nevsda Benevolent
Association T" 70 enrich their own pockets.
At the expense Of the people Of this and
other States. by holding out promises OF
the great and sudden gains that might be
acquired BY the ticket holders; that
golden prizes would be "the lure to In.
Al IL