Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-11
SUPREME COURT DECISION.
me Lottery scheme OF the Ne.
yada Bss~velsss Associssisa De.
Glazed Unessssisustoaal.
opISIos.l

On the lytn Gay Oh 1outubtys As "
1881, articles Of incorporation Of the enc
vsda Benevolent Association" wore 6led
In the Office OF the County Clerk Of Storey
county. Tho 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
sell tickets OF admiration 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 thing. upon
such terms and conditions and In such
manner and ct such times - may be do
tsrmined BY Q Board Of Managers 10 DO
selected for that purpose by the Board Of
Trustees Of this company" II 10 pro-
vided that 20 much Of the proceeds Of said
entertainments rs may be deemed proper
by the Board Of TRUSTEES, but not less than
$50, OOOr from each entertainment, are 70
BE- placed In the Stats Treasury Of the
stale Of Nevada 70 b used only for such
charitable and benevolent purposes - may
Be- dsssrmined By the Legislature Of the
State Of Nevada"
The Act " Aid the Nevada Benevolent
Association 10 aiding In providing means
for tho caro- and maintenance Of the In
sane Of Nevada. and for other charitable
purposes. approved March 8, 1881, do
clarss that ''it shall be lawful for the Ne
vsda Benevolent Association Of the State
Of Nevada 70 give not exceeding Ave public
entertainments or concerts; 70 sell tickets
Of admission TO the anne ; ~ distribute
among the holders Of such tickets personal
property. real estate, things In action, do
mHnds or other valuables, and 70 regulate
the distribution Of all such property or
gifts by rHfds or other schemes Of like char
aoter." (Stat. 1851, l66, Bee. ~
The information fled BY the 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 ~" and that they
e base their rights 10 advertise. print, cir.
culste and sell tickets for the said public
exhibitions or entertainments. and 70 pur.
ohsse. use. hold and distribute amongst
the holders Of such tickets personal pro-
perty, real estate, chooses in action and
other valuable things" upon tho Act OF
tho Legislature above referred 10.
The iscts set forth Ia the information
are admitted by respondents TO DO true.
Are tho acts Of respondents without .
rant OF lswf
Il the Act Of the Legislature, approved
March 3. 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the "Nevada Benevolent Associa.
tion" is engaged . lottery2
This question IL answered In the aflrmt-
tive by the decision Of this Court In ex
parte blanchard. 0 New, l04. Is that de-
cision corrvct2 1t certainly 10. IL 10 sus.
tsired 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 Bensvo-
lent Association proposes TO give 10 not Q
lottery. Why notf What Is . lottery :
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors VI the
Almshouse Of New York W. American Art
Union, z N. ". 239; Dunn W. The PEG.
pie. 40 Ills. 467 ; State vs.. Shorts, 81 N.
j.; L., 40l |; Randle vs.. State, AZ Tex.
685 ; Chavsnnah W. State, 40 Ala. 396
Commonwealth vs.. Manderield, 8 Phil.
45s United statss W. Olnsy, l Abb. U.
g., 1872
A lottery is . game OF hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State. o
Sneed.. 509.J
"A continuance for the distribution OF
price BY chance . reliance upon the
results Of hazard ; . decision Of the values
Of the sdveuturer's investment Of the
fAvors OF fortune" Ia . lottery. Wooden
W. Shotweli. 4 Zsb., 1867
"whsrs . pecuniary consideration Ia
paid, and IL 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. 1t 10 . lottery" Estate vs..
Clarke. 81 N. H., ss5 Hull W. Ruggles,
81 N. T., 427.) 4
Il makes NO difference what name ID
given to the scheme.
A rose By al, other name would. mell ssswesi
= thorn By spy other name would prick as deep
When the element Of chance enters into
the distribution Of prizes IL Is 4 lottery,
without reference TO the name by which Il
II called.
"Hs may choose to call his business
gift SALE" said the Court In Dunn Va. PEG.
Pile, supra, "but 10 10 none the less Q lot.
terry, aud we cannot permit him to evade
the penalties OF the law by 20 transparent
Q device ~ . mere change Of name. II II
differs from ordinary lotteries tho differ
snce lies chiefly In the fact that IL Ia more
artfully contrived TO impose upon the ig'
nnr.nf and nr.t,lus .HI a.. skn-.f.-.
more thoroughly dishonest and injurious
to society"
1.-THE name given to the process and the
form Of the machinery used to accomplish
the object are mot material. provided the
substance Of the transaction 10 Q distribu,
ton or disposition Of property by lot
Estate W. Clarke. supra.)
"Courts will not inquire into the name,
but will determine the character Of the
scheme BY the nature OF the trsnssction
or business in which the parties are en-.
gagged" (Randls W. State, supra.)
THE character Of the scheme 10 In nc
wise changed by the charitable purpose
expressed In its title, nor by calling the
drawings entertainments or gift CON.
certs.'" (Ex parte Blanchard. supra.)
The fact that no plan OF distribution has
been determined upon does not relieve the
scheme OF It's character a. . lottery
Thomas VI. People, 80 Ills, 1857
Nor 10 10 material" said the Court oil
Appeals In the American Art Union case,
to 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 ID
more Questionable than . scheme in which
the prizes are previously ixed because Il
Affords less security 10 the subscribers tina,
the chance purchased Is worth the money
paid for It,"
We arc Of opinion that the facts stated
In the articles Of incorporation, In the
statutes, and In the information, show tina,
the scheme IL n whereby tho Legislature
Of this State. In consideration Of the sum
Of $500 600. TO be placed In the State
Treasury. 70 the credit Of the Insane and
Charitable Fund" attempted TO authorize
the managers Of the "Nsvada Beneyolen,
Association I" 10 enrich their " pockets,
at the expense Of the people Of this and
other States. by holding ont promises OF
the great and sudden gains that might be
acquired by the ticket holders; that
golden prizes would be the lure TO In.
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