Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-28
SUPREME COURT DECISION.
UNANIMOUS oprsros.l

On tho 10th day OF February, A. d.
1881, articles Of incorporation Of the "Ne-
vsda Benevolent Association" were fled
In the ofico OF tho County Clerk OF Storey
county. The object Of the corporation
being "b establish and carry on tho
business OF providing for and giving pub
lie entertainments, In tho State Of Nevada,
Of . musical and scientific character, to
sell tickets Of admission to 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 and In such
manner and at such times Is may be do.
terminod by . Board Of Managers TO DO
selected for that purpose BY tho Board OF
Trustees Of this company" II is pro.
vided that so much Of the proceeds Of said
entertainments ''as may DO deemed proper
by the Board OF Trustees, but not less than
$50. 900, from each entertainment, are 70
be placed In the State Treasury Of the
STATE Of Nevada 10 be used only for such
charitable and benevolent purposes - may
State Of Nevada"
The "Act to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In.
sane Of Nevada, and for other charitable
purposes" (approved March 0, 1881, do
clares that ait shall be lawful for the Ne
vada Benevolent Association Of the State
Of Nevada TO give not exceeding Ave public
entertainments or concerts; to sell tickets
Of admission to the same ; " distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
mands or other valusbles, and 10 regulate
the distribution Of all such property or
gifts by rattle or other schemes Of like char
actsr." tStat. 1881, 1856, Sec. ~
The information filed by tho Attorney
General alleges that respondents, 90 Trus-
tees Of said association, are. without war
rsnt Of law, advertising, printing,
circulating and selling tickets for public
entertainments q o." and that they
base their rights 10 advertise, print, cir.
culate 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-
| perty, real estate, chooses In action and
other valuable things" upon the Act Of
| tho Legislature above referred to.
The facts set forth In tho information
arc admitted by respondents to be true.
Are the acts Of respondents without war.
rant OF law2
Is the Act Of the Legislature. approved
March 8, 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
| which the Nevada Benevolent Associa.
tion" 10 engaged Q lottory2
This question IL answered In the afirma-
tive by tho decision Of this Court In er
parts Blanchard, 0 New, l0i. Is that de-
cision oorrectp II certainly 10. 1t Is sus.
taired by every decision that has been
rendered by tho various courts in tho
United States upon this question.
Notwithstanding this fact, w are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes to give IL not o
lottery. Why not? What Is . lottery 2
Every scheme for tho distribution Of prizes
by chance IL Q lottery. Governors Of tho
Almshouse OF New York W.. American Art
Union, z N. w., 239; Dunn w. Tho Peo-
pie, ~ Ills, 467 ; State vs.. Shorts, 81 N.
j.; L., 40l /; Handle vs.. State, AZ Tex,
685 Chavannah vs. State, 40 Ala. 500 ;
Commonwealth vs.. Manderield, 8 Phil,
459 United States vs.. 0lney, l Abb, U.
b., 279.)
A lottery Is Q game OF hazard In which
small sums are ventured for the chance Of
obtaining greater. tBoll vs.. State, 8
Sneed., 509.l
"a contrivance for the distribution Of
prizes by chance |; . reliance upon tho
results Of hazard |; o decision OF the values
nj tha aIvaRsur.rta tNuaatrnant NJ thu
favors OF fortune" IL Q lottery. (Wooden
vs.. shotwell, 4 Zab., 1852
Where 0 pecunisry consideration 10
paid, and II Is determined by lot or chance.
according to some scheme held out TO tho
public what the party who pays the money
Ii to have for IL, or whether he 10 to have
anything, II Is o lottery" Estate vs..
Clarke. 80 N. H., 335 Hull VI. Ruggles.
So N. Y, 427.) =
1t makes no difference what name IL
given to tho scheme.
When the element OF chance enters into
tho distribution Of prizes 1t is . lottery,
without reference to the name by which IL
10 called.
"Ho may choose to call his business q
gift SALE" said the Court In Dunn vs.. PEG.
pie. supra, "but II Is mono the less . lot.
terry, and wo cannot permit him to evade
the penalties OF the law by so transparent
. device as . Nero change Of anne II IL
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that 1t 10 more
artfully contrived TO impose upon the ig.
norant and credulous, and is, therefore,
more thoroughly dishonest and injurious
to society"
"Tho name given to the process and the
the object are not material, provided the
substance Of the transaction Is Q distribu.
ton or disposition Of property by lot"
State W. Clarke, supra.)
"Courts will not inquire into the name,
but will determine tho character Of the
scheme by the nature Of tho transaction
or business In which tho parties arc en-.
gagged" (Randle vs.. State. supra.)
"The character Of the scheme is In no
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 nc plan OF distribution has
been determined upon does not relieve the
scheme Of Its character a. . lottery"
(Thomas vs.. People. 80 Ills, 1851
"Nor 10 IL Material" said the Court Of
Appeals 10 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
tho prizes are previously fixed, because II
affords less security to the subscribers that
the chance purchased is worth tho money
psid for IT,"
We are Of opinion that the facts stated
In tho articles Of incorporation, In the
statutes, and In the information, show that
the scheme 10 one whereby the Legislature
Of this State, In consideration Of tho sum
Of $3.50. 900, to DO placed In the State
Treasury, to the credit Of the Insane and
Charitable Fund.-" attempted to authorize
the managers Of tho "Novada Benevolent
Association 10 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