Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-31
SUPREME COURT DECISION.
The Lottery scheme 81 she He
vada nss-vsisas Assssaasaos De-
elsssa Uassssstsasissal.
UNANIMOUS osnuox.l

V00o 084tNStsse e.@Ss.~s~.
eisssa Uassssstsssissal.
UNANIMOUS OPINION.
On the 18th day OF February, A. D.
issi. ,rticlss Of incorporation Of the "Ns-
ysds benevolent Association" were dlsd
IN the once Of The County olsfk OF Storey
county. The object OF the corporation
bsine "to establish and carry on the
business Of providing for snd giving pub
lie sntsrtainmsnts, In The 6tate Of Nevada,
Of . musical and scientific character. 10
ssll tickets Of admission 10 such sntsrtain-
ments, and TO purchase. hold and dis
tribute among the holders Of sueh tickets
personal property. real estate. chooses In
action and other valuable things. upon
sueh terms and conditions and In suoh
manner and at such umes - may b do.
tsrnined by Board Of Managers 10 be
selectsd for that purpose By the Board oi
Trustees Of this company" u II pro.
vided that 20 much Of the procseds OF said
entsrtainments '.as may be deemed proper
by the Board Of Trustees. but not less than
S50. 900, from each entertainment. are 70
b placed In the Stats Treasury Of the
Stats of Nevada TO Be- used only for suoh
charitable and bensvolsnt purposss - may
b determined by the Lssislasurs OF the
Stats Of Nevada"
The "Aes 70 Aid the Nevada Bsnssolsnt
Assooi,tio In aiding In providing means
for the care and maintsnance OF the In
zane Of Nevada. and for other charitable
purposes'' (approvsd March Q, 1881, de-
clsres that .it shall be lawful for the Ne.
vsda Bspsvolsnt Association Of the State
Of Nevada 10 give not exceeding Ave public
entertainments or concerts; 10 sail tickets
of admiration 70 the same ~ distribute
among the holders Of such tickets psrsonsl
property, real estate. things In action. de-
mands or other vsluables, and 10 regulate
the distribution Of all such property or
gifts BY rsfis or other schemes Of like char
acter." (Stat. 1881. l66, Bee. ~
The information flsd BY the Attorney.
General alleges that respondents. - Trus-
tees Of said association. are. without var.
rant Of Law. advertising. printing.
circulating and selling tickets for public
entertainments -" and that they
4" base their rights 10 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 estats. 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 70 be true.
Are the acts Of respondents without war
rant Of law2
Il the Act Of the Legislature. approved
March Q, 1881, constitutionAl1
Firs,-is The scbems or enterprise In
which the "Neysda Benevolent AssociA.
lion T" IA engaged lotteryf
This ouestion h snsvered In the afirms.
,iv. hv the dscisiop Of this Court In or
acrt. hlsnohsrd. o Nav. IOl. n that de.
cision oorrsctp II certainly n. Il 10 aus.
t.ired bv syery dscisiou that has been
r.nasrsd bv The y,rious courts in the
United States upon this question.
Notvithstanding this fact, We are now
earpes,ly ssked TO declare that the musical
entertainment which the Nevada Benevo-
Ian, Association proposes to give 10 not q
Lottery, WHY uotf What IL Q lottery 2
Every scheme for the distribution ofprixss
by chance 10 lottery. tuoseino, SOL .ne
Almshonss Of New YORK ". American Ar
o ~ az M ~ az; a.. ~ shart.. "a N.
.f f.: Ioi. R.nais :. a.sss' Sa Ter.
Sss Chsysnnsh VI. stats, 20 Ala. sss |;
Commonvealth ys. Nsudsrfsld, . Phil,
Sso Tin,."a ss.,ss -. OInsy. / Abb. u.
57s
latter 4. . ,.ms Of hazard In which
.mall sums are ysntured for the chance Of
Obtaining greater. BELL W. State, 8
sueed.. o0o.j
IA cou,riysncs for the distribution Of
prisss by chance: a reliance upon the
f,sults Of has.rd . decision Of the values
of M. sayep,urer'a inyestmsnt Of the
f.vors Of fortune" IL . lo,,sry. tweodsn
VI. shotweii, 4 Zab., 1857
Whsrs a p.ounIsry cousidsrstion II
Maid. snd II N detsrmipsd by lot or chance,
sccordine 10 acme scheme ield out 70 the
publio what the partv Who psyp the money
is TO have for IL, or whsther hs 10 TO have
ANYTHING, Il In 4 lottery" Estate W.
Clsrks. Is N, H.. SIS Hull W. Rugsles.
SO n. T.. ALL .
II males no di6srsnos what name 10
siyen "a ,hs sehsme.
Observation-Disclosures.
ross my o.ss. a.r,s vsoniS n.,ss ~ S.rn'
A
When the element OF chance enters into
the distribution OF prizes IL 10 lottery.
without reference 10 the name by which u
10 called.
"He may choose 70 call his business .
Gift SALE" said the Court In Dunn W. Peo.
Die, supra, "but Il 10 none the less lot.
tery, and We cannot permit him to evsde
III. pena alties OF the Law BY 90 transparent
= device a . mere change Of name. II Il
differs from ordinary lotteries the diner.
ence lies chiefly In the fact that IL 70 more
srtfully contrived 10 impose upon the ig.
norsnt and credulous, and II, therefore.
more thoroughly dishonsst and injurious
10 socie,y."
"The name given to the process and the
form Of the machinery used to accomplish
The object are mot material, provided the
substsnoe Of The trsnssction Il distribu.
lion or dispositiou Of property BY lot. !"
rststs ~. Cisrks. suprs.)
"Court. viii not INQUIRE into the nams,
nm, yiii dstsrmins the cbarsstsr Of the
char. bv he nature Of the transaction
or hn.;nsss An which the parties are en-.
s.e.5 !" fRsndls ys. Stats, suprs.)
Ths ehsrsotsr of the scheme is In NO
ah.r.-S =, ,hs ch.,it.bls nnrposs